Starting GC while on OPT

[student_opt]

Hi,

I am a recent grad (advanced degree) working with a tech startup on OPT which is valid until July 2012.

I have found out recently that my employer is not E-Verified which is necessary for availing the OPT STEM extension. The initial plan was to file my H1B in April 2012 and get an OPT extension after July until Oct 2012 when my H1B starts. Since extension is not possible now, what options do I have?

Can my employer file for a Green Card under EB2 category while I am still on OPT and get an extension for my OPT after my I-140 is approved? Do I have to be on H1B for them to be able to start my GC process?

Any suggestions or advice will be highly appreciated. I don't want to be out of status.

Thanks in advance,

Jaya

[JoeF]

The I-140 doesn't give you any immigration rights.

The easiest way would be for the company to get e-verified.