currently on OPT, two companies applying for H1-B

[mansi135]

I am currently working with an employer on OPT which will expire on 3rd May 2013. Recently got offer from another company and they want me to join immediately. The new employer is ready to file premium H1-B for me on April 1 , but they have warned me that since they are not e-verified, so just in case my H1-B is not approved, then I cant apply for STEM-OPT extension with them .

So, I am still staying back with my current employer until April/May. My current employer will also apply H1-B for me on April 1 .

So, the situation is that my current employer will file regular H1-B for me on April 1 and my new employer will file Premium H1-B for me on April 1. I will join new employer if they get my H1-B approved before May3.

So I have following questions and scenarios :

1) Is this risky that two companies are filing for my H1-B while I am working with one company on my OPT since past 10 months?

2) My current employer is e-verified . They want me to apply for OPT-extension also now, since my EAD is expiring May3(Just in case H1-B is not approved).

So, I wonder can I change my employer while my STEM_OPT application is still pending? Because then the STEM-OPT application needs to be cancelled and converted to cap-gap OPT with new employer.

I hope I have explained my situation as clearly as possible. Any replies/ suggestions/help is highly welcomed .

Thanks,

[Attorney_25]

There is no such thing as converting STEM application to cap-gap. They are two different issues; you could qualify for both.Generally it is ok for 2 companies to petition for the same beneficiary.

[mansi135]

Thanks a lot for your reply.

I can explain what I mean by converting STEM application to cap-gap by following scenario :

Lets say:

- April 1 : My current employer files regular H1-B and new employer files premium H1-B

- April 15 : I will apply for STEM OPT with my current employer (if H1-B decision with new employer is still pending)

- May 3 : My current OPT-EAD gets expired

- May 6 : I get H1-B approval notice from new employer

- May 10 : I have to join new employer

Then my question is on what status can I join new employer on May10 ? Because my OPT-extension application with previous employer would still be pending and the new employer is not e-verified

Thanks again, I really appreciate your help.

[mansi135]

Can any 1 give more inputs?

Thanks,

[t75]

On OPT-EXT the employer must be e-verified. Why would you join someone who would expect you to violate USCIS rules and join when he is not e-verified? You are foolish to consider doing so since any employer who would violate US federal regulations on something as easy as e-verify would think nothing of violating the H1B rules with you.

[Attorney_25]

As noted above, you can do both. If you work on the STEM EAD, you will be in F-1 status. If you work visa cap-gap regulation, you will be in an "authorized period of stay" through September 30, which is not an actual status but the cap-gap regulation does supply employment authorization for that period. Then the H-1B status will start October 1. If you leave the F-1 OPT position, you are required to notify USCIS, and the employer is also to notify USCIS. You would be considered out of status on the F-1 and would likely be terminated in SEVIS, although this might not cause you any problem in view of the H-1B petition filing.

[mansi135]

@t75 :

I guess u did not get my question right . I have never mentioned that I want to work for a non-e-verified company(Lets say company B) on OPT extension . What I mean is : If my H1-B with company B gets approved then I will be on cap-gap with them . Only then I will resign my current company and join company B.