e verified company

  1. What is e-verified company and how important is it for OPT (for F1 visa holder)?

  2. When you apply for H1B, does it make any difference if you did OPT with non e-verified company in the past?

  3. My H1B application was sent out on 1 April. They haven’t heard from anyone about it yet. Today is april 24. I read that the lottery was done on 9 April. The checks for the fee have not been cashed yet. Does that mean I was not picked on the lottery?

  4. What is the advanced degree exemption? Is it H1b for Master’s degree?

  5. I am applying for H1B for master’s degree. If I was picked on the lottery for 20k (number for master’s degrees), does that mean I will get H1-B visa? They check out the applications that were picked from the lottery and they can reject the application? Or they check out the applications before they put them in the lottery so there will be no rejection after lottery (if you make it to 20k)?

  6. I read that premium service will get the result by 27 may. Does that mean, regular service will get the result after 27 may?

  7. what do they do after lottery is done before they let you know about the result? Is the lottery cut-line in terms of number? Not all applications that made to the lottery will get H1B?

Thanks.

  1. For initial OPT, no difference. However, the subsequent STEM extensions are granted only if you work for an e-verified employer.

  2. No difference b/w the two

  3. There is still some time to make that determination. Receipts are still being sent out and non-PP receipts may be received well into May.

  4. Yes, people who have done Masters in US are qualified for 20K quota.

  5. There can be rejections even after the petition is selected in the lottery. They select additional petitions to make-up for the ones that may be eventually denied.

  6. Most likely

  7. Not sure what you are asking here. Is this similar to (5) above.

Thanks!
7. I was wondering what criteria they use to reject the application after lottery selected it.
8. And is the lottery really random selection?
9. How long can I stay abroad before starting working once (if) I get H1B visa? I’d like to visit my country in the summer before the fall. How long can I not work before starting working once (if) I get H1B visa?
10. Can I work with h1b and still attend school part time (or full time)? If so, my visa is h1b not f1? The minute I get h1b visa, my f1 visa become invalid?
11. Can I quit school once (if) I get H1b visa? And if so, do I have to let the school know the change of my visa status and work place, etc? Or I can just quit school without letting them know anything about my visa?
11. Just in case (since I heard about this case), what happens if the employer (company) go bankrupt while I work for them with H1B visa?
Thanks again!

  1. Employer not qualified to offer job and pay, employee not qualified for the offered position, contract/project doesn’t exist etc
  2. Yes
  3. If you leave US and get H-1 visa, you can delay the start date as much as you can. Petition is usually approved for 1-3 years. You can return to work for that employer anytime during that period. Obviously the employer should still be willing to hire you, and you need stamped H-1 visa to return to US and work.
  4. You will be on H-1 visa if the same is approved w/ COS, or you enter on stamped H-1 visa. You can still study part-time on H-1, but your focus would be to work as per the certified LCA. You will no longer be on F-1.
  5. You have to maintain student visa status until COS goes into effect. Earliest date for this is Oct 1, and you need to remain enrolled as student until then.
  6. They will have to let you go. H-1 visa allowed another employer to file a cap-exempt petition for you anytime after your 1st approval. This petition is not subject to lottery and can be filed anytime.

Thank you very much. Just one more.

I knew that the earliest date for work to start was oct 1 (heard about it from friends and lawyers).

But when filling some application regarding H1b online (was it LCA?), my employer said that the system would not let him enter oct 1 (automatically blocked or so). The error message said (my employer said) “enter the date within 6 months (or was it 4 months or so)”.
Since they filed in march, within 6 months was sometime in September.
My employer said that since my fall semester in school starts in August, they said they specified July sometime as the work starting date (in case, they said, I get H1b visa before the fall).

I thought it was a little bit odd. What was that about? Any idea?

That is correct. LCA can be filed 6 months in advance. Let’s consider an example.

On Mar 20, employer files LCA w/ start date 6 months out. So LCA would be certified for Sep 20, 2016 - Sep 19, 2019.

When I-129 is applied, they would file it again 6 months in advance. So I-129 date would be Oct 1, 2016 - Sep 19, 2019. This would still be within LCA timeframe.

Once approved, you can start working on H-1 from Oct 1.

Ah I see. Great!

Then, does it mean all h1b for 2017 fiscal year will be given out by the gov before oct 1 at the latest? (whether the employees start working from oct 1 or not?)
Could the gov approve h1b after oct 1?
If I remember correctly, your web site shows someone waited 10 months before they got h1b. That’s january next year. That’s I hope the special case, and most get h1b approved within a couple of months from april?

And since my employer put july sometime, my 3 year would be 3 months short then (from oct 1 2016 till july 2019, not oct 2019)?

Thank you very much!!!

Most of the petitions will be adjudicated by Oct 1, but there is no such SLA, except for 15 calendar days for PP petitions. So processing of some petitions may extend well beyond Oct 1. There were some petitions from last lottery that are still pending.

If the petition is approved post Oct 1, then its effective date will be the actual date on which it was approved. However, you don’t lose out on time as employer can file extensions as long as you have not spent 6 years inside US on H-1.