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I have started employment with new company with my STEM OPT…

I have started employment with...
I have started employment with new company with my STEM OPT EAD card that is due to expire in JUNE. I just came to know that the employer is not e-verified. What are the options I have? Can the company apply for H1B right away so I can continue the employment
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Answered in 5 minutes by:
3/9/2018
Expert James
Expert James, Lawyer
Category: Legal
Satisfied Customers: 13,558
Experience: I hold a JD and have more than 12 years of legal experience.
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Hi there,

Thank you for requesting my assistance. Did you speak with the company to determine if they are e-verified?

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Customer reply replied 5 months ago
The HR says they are not e-verified but it is a big Hospital and I was shocked now. What are the options now. I am already on my 24 month OPT extension valid for another 4 months.

Is the hospital a third party contracting with your employer? Or are they the direct employer?

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Customer reply replied 5 months ago
They are the direct employer, I am working for one of the department of the affiliate

Is the employer an institution of higher education or a related or affiliated nonprofit entity, or a nonprofit research organization, or a governmental research organization?

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Customer reply replied 5 months ago
The entity is a non-profit organization and is affiliated to a university and they are H1b CAP exempt

Thank you for your patience. Your answer is below. When you get your answers, you will be asked to give a rating - 4 or 5 stars are appreciated. This is important because this is how I credit for doing my job. Don't worry, you can still ask related follow-up questions even after you've given a rating. Thank you!

ANSWER: If that is the case, then the best thing to do is to start the H1B process as soon as possible, since it is not cap subject and therefore doesn't have to wait for the cap.

I hope that answers your questions.

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Expert James
Expert James, Lawyer
Category: Legal
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