What can I do about my H-1B visa and a non-E-Verify employer?

I was an international student in US and currently working using F-1 student visa with Optional Practical Training (OPT) since graduation almost 2 years ago. I extended my OPT since I was a STEM major, and my OPT STEM extension will last for agbout another 6 months. I recently found a new job in Virginia, with a non E-Verify employer. However since OPT STEM Extension requires me to work for E-Verify employer, I am not allowed to work for them with my current OPT. My new company has agreed to sponsor me H-1B visa this April 1st, but they are not willing to participate in E-Verify program. Is there any alternative for me to work for my new non-E-Verify employer until the H-1B visa starts?

Asked on March 19, 2014 under Immigration Law, Virginia


SB, Member, California / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can let them know that you can join them on October 1, 2014 assuming the H-1B visa petition is approved but that your current employment authorization document does not permit you to start working for them sooner.  They can submit the petition through premium processing so that they get the decision sooner than later and they will know whether or not you can join them in October sooner.  Perhaps after that they may decide to join everify so that they can get the benefit of your services earlier.

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