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STEM OPT Extension, E-veify Program and Cap-Gap

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  • STEM OPT Extension, E-veify Program and Cap-Gap

    Hi all

    Current Visa Status: F1 with STEM OPT (Nov 2011 expiration)

    Current Job status: Working on a contract basis with Company A (E-verify company) but won't process my H1B petition.

    Anticipated future: Getting an offer soon from the company B (not E-verify, but willing to sponser H1B).

    So if my application (filed for premium processing on Apr 1 2011) gets accepted on Apr 15 2011, When can I start working ?

    If the beginning date of working under H1B is Oct 1 2011, then Can I still join this company earlier by the provisions on cap-gap extension. Please remember that I am on the STEM extension and this company is not a party of E-verify program.

    Also, if the contract with my current employer ends on June 2011, Do I have to leave US at any point. ( I have had 9 days in the OPT period without employment)

    Thanks
    RIY

  • #2
    AFAIK you will not be able to join a non-everified employer before Oct 1. Cap-gap does not apply to you since your OPT ends after Oct 1.
    You are allowed up to 120 days of unemployment over the entire 29 month period.
    This is my opinion and not legal advice.

    Comment


    • #3
      Similar Question with E-Verify and Cap Gap

      Hi all

      Current Visa Status: F1 with STEM OPT (May 2011 expiration). Currently on STEM Extension of 17months

      Current Job status: Working with Company A (E-verify company) as a contractor for Company B but company A won't process my H1B petition.

      Anticipated future: Recieved an offer from company B (not E-verify, but willing to sponser H1B).

      So if my application (filed for premium processing on Apr 1 2011) gets accepted on Apr 15 2011, Can i continue to work with company A (e-verified)
      from May 2011 untill Oct 1st 2011 under Cap Gap Extension?

      Will i have to leave US at any point

      Thanks in advance for your assistance

      Regards
      phoenix

      Comment

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