F1 OPT STEM extension and Conversion to H1B visa ( E-verify problem)

USA F1, F2 Visas - CPT - OPT
1

Hi,

I was working for an employer in 1st OPT and I applied for 2nd OPT with the same company and the company was E-verified. later I got a good opportunity in other company during the last 3 months of my 1st OPT I worked with the new employer.

Later my company told they dont have E-verify and want to place me in staffing agency and apply for H1B visa next year in 2013.

My question is can a company apply for H1B visa when I am still working under staffing agency and my H1 and hire date would be october 2013 ?

Any help on this would be greately appreciated.

2

Yes, they can. It does not really matter, where you are currently employed. All that matters is that if they applying with a Change of Status, you have to maintain your legal status.

Yes, if they apply for H1B Visa 2014 quota, the start date would be October 1, 2013.