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I am currently employed as full time in DC. My company is…

Hi, my name is*****...

Hi, my name is*****: What steps have you taken? Have you filed any paperwork with the U.S. government?

Yes, I am currently employed as full time in Washington DC. My company is not e-verified so I am not able to file my STEM application for OPT extension. but they are filing my H1B this year

Lawyer's Assistant: Have you talked to a lawyer about the OPT?

I have not, and hence I wanted to. Can you help me?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, also that I have STEM masters degree

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Answered in 5 minutes by:
3/20/2018
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,301
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified

Hello! My name is***** and I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

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Customer reply replied 3 months ago
Sure, shall wait for reponse
Customer reply replied 3 months ago
Can we not call and message instead

Sorry for the delay. I just ask that if the news is not good that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

So what would you like to know?

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Customer reply replied 3 months ago
Are u still online?
Customer reply replied 3 months ago
Okay! So my current company is not e-verified because of which I cannot process my STEM extension for OPT extension for two more years. I am using one year of my post-completition OPT

Ok. But I don't see any questions there. What questions do you have? And also, please be patient. I help multiple customers at the same time and I have to research and type answers as well.

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Customer reply replied 3 months ago
However, they are applying for my H1B this year. I wanted to ask that is H1B is not picked up, can they take me as a contractor with me being employed by e-verified employer? My current company attorney says its not possible. What do u think?
Customer reply replied 3 months ago
Sorry, but are you online?

Did I not ask you to be patient because I also help other customers at the same time and I sometimes have to research and type out the answers?

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Ok. Thank you for your patience. So you are being told that you cannot change from regular OPT to STEM OPT because you are currently not with an E-Verify employer? Is your current employer willing to become E-Verify?

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Customer reply replied 3 months ago
Exactly. My company is not willing to e-verify. So I am asking them to take me a contractor in case my H1b does not go through, so that I can extend my OPT. But the attorney says that is not possible

Are you maxed out on regular OPT?

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Customer reply replied 3 months ago
Not yet, on 25th June

Ok. Take a look at this link:

https://www.ice.gov/sevis/practical-training

and:

https://www.ice.gov/doclib/sevis/pdf/opt_policy_guidance_042010.pdf

I've looked at both and don't see where you wouldn't be able to get employed by an E-verified employer NOW and then before your OPT ends, you then apply for a STEM OPT extension. I mean obviously you cannot do it from your current employer, but I don't see what would prevent you from moving over now to an E-verify employer and then using that new employer to apply for a STEM OPT extension.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

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Customer reply replied 3 months ago
Hi! Yes I agree. But since they have filed for my H1B, they cannot take me as a contractor right now, since the H1B documents show me as a full time employee at their company as of now. So in this case, if my H1B does not get picked up, they can they take me as a contractor? So that I can file for my STEM extension too

If your H-1B is picked up, you get cap gap and you have nothing to worry about. If your H-1B does not get picked up, they can take you as a contractor, but that doesn't resolve your issue with getting a STEM OPT extension because just you being a contractor does not change the fact that the employer is not E-verify. You need to be with an E-Verify employer to get STEM OPT extension. That is clear.

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Customer reply replied 3 months ago
I absolutely agree. When I said contractor- I meant I would be a full time employeeof an e-verified company and a contractor of my current company. But legally it should be possible for them to convert me from Full time to contractor while on OPT right? Also, the latest by when I need to send my documents to USCIS would be may end right, since my OPT ends on 26th June? So in that case I shouls complete the conversion process by may end accordinlgy. Also, my company is applying for premium H1B, in how many days maximum can I expect the resullts? Would getting a RFE change anything with Cap Gap?

So you mean that you would have your own company, have your own company be E-verified, and your current employer hires your company directly instead of you directly? I'm sorry, but I cannot confirm that it will work especially with the Trump administration that wants U.S. jobs for U.S. workers.

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24 month STEM OPT extension cannot be done with self-employment. Let me know if you need anything else, but please do not forget that positive rating. Thank you!

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Customer reply replied 3 months ago
Oh no, I did not mean my own company. I meant a consultancy firm which is E-verified and they would sign contract with my company for me to be a contractor

Well, like I said before, that might work, but I cannot confirm that it will work because this administration is making it much more difficult in regards ***** *****

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please scroll to the top of the page to see them or click on my name and they should come out. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,301
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
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Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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