Urgent: E-Verified H1 Confusion

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Friends, My situation is that now i'm working on a contract which gonna be end this Feb. After that they want to hire me full time. But,I've already extended my OPT(Stem). They r willing 2 sponsor my H1 but they aren't e-verified company . But what happens between that period of my hire and the time they file my H1 and gets approved. I think they don't know about e-verified & like most of the US companies see it as a hassle to do that and blah blah. So, just wondering how could I tackle this solution ?

atiranjeet · Dec 23, 2010 6:24 PM · 3,086 views

5 Replies

If they are willing to file your H1, there should not be any problem...... Good Luck.

purana kagaz · Dec 23, 2010 6:26 PM

How did you extend your OPT with a company that is not e-verified? As per law it is not possible. OPT can only be extended if you are working on OPT and your employer is an e-verified. If you have not started your extended-OPT, talk to company to file for H1B as soon as possible. If you pay $1500 more then you can do premium processing and your case will be decided in 15 days. Working on a non e-verified company while you already used your 1 year of OPT put you somewhere in gray line in Out of Status. If you file h1b later, your employer could be asked request for evidence (RFE) for e-verification while filing H1B, but if you are lucky you may just pass through.

khairey · Dec 23, 2010 7:15 PM

Oh..you are working on contract. So it could be that you have OPT from a contractor which could be e-verified and you have extended your OPT. If this is the case then talk to the company and ask them to file for H1B with start date of Feb (when your contract ends). For that, accept the employment offer from the company and ask them to file H1B. You can continue working with the contractor until your H1B start date. And, I think the company need not be e-verified for you to file H1B as you will not be working as their permanent employee until you are granted the H1B.  Just make sure that they do the premium processing for you to get H1B by Feb 1st.  - As per USCIS website there is still 11,100 quota left for regular H1B and 300 for US Master Degree H1B. This is just my suggestion with what I have understood the process. Your lawyer who could be preparing your H1B could answer you better. Last edited: 23-Dec-10 07:31 PM

khairey · Dec 23, 2010 7:26 PM

Khairey, Yes I am working on a contract position from a third party firm. Any way, thanks for your valuable information. Lets see how it goes ~

atiranjeet · Dec 23, 2010 7:35 PM

What was ur training on?

kalopani · Dec 23, 2010 10:42 PM

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