OPT EAD H1B


tridipshah

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Posted

Hi: My question is we have a OPT EAD employee working in our co since October 2016, his OPT EAD expires in August 2017, we are filing for his H1B visa in April 2017 quota, so is it wise to apply in premium processing so we get  the result by May 15th

or if we don't apply in premium then can he still work after August 2017 till he gets his H1B visa approved. in case his H1B visa gets denied in October and if he has not applied for his extension then does he have to stop working till he reapplies for extension of OPT EAD 

is it mandatory to be e-verify for the company hiring a OPT EAD employee 

Posted

Premium Processing isn't really all that useful in this situation, other than that you get to know the result earlier. The H1 start date can only be Oct. 1, anyway. If the H1 gets approved, the OPT cap-gap rules allow the person to continue working on OPT until the H1 kicks in on Oct. 1.

Normally, H1s are processed well before October. In some cases, probably more with consulting companies, it may take longer.

E-Verify is needed when the person works with the OPT STEM extension.

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