Extension of EAD after its expiration and filing of H1B

[dipjyoti]

Hi,

I am a Master of Science Engineering graduate and got a job recently and I am currently in Post Completion OPT from February 15, 2013. My employer is not E-Verified. My OPT (EAD) expires on February 14, 2014. My employer is not willing to file H1B petition this year. They are telling that though my EAD expires on February 14, 2014 but I am eligible for an extension of my EAD through October 2014. Therefore they can file an H1B application for myself in 2014.

Now my question: Is it possible to extend EAD ? If it’s possible to extend EAD, will I be eligible to work from February, 2014 to October, 2014 till the time my H1B gets approved. And if my H1B gets rejected do I have to leave US immediately ? Also since the employer is not E-Verified, I won’t be eligible to get STEM OPT extension.

Another query : If an H1B petition is filed while the student is in valid OPT and if the H1B is rejected, will the student continue to be in F1 status and can he work till the OPT (EAD) expires ?

I would be very grateful if anybody can contribute the answers of these questions.

Thank You,

Regards,

Dipjyoti Das

[suhailj]

Well you have couple of options

1) Ask your Employer to become E Verified.

2) Get a New Employer who is E Verified.So that you have flexibility of applying for H1 B visa in either 2014 or 2015..

Yes you can still continue working until your EAD and F1 Visa Expires.