Stopping H1B application and continuing STEM OPT extension

[SatishKumar 0]

1) My OPT will expire in few months. My e-verified company is willing to sponsor me H1B. But I want to use OPT extension first and then apply H1B next year (2015) for various good reasons. Can I ask my company NOT to sponsor me H1B this year and delay until next one year? I am aware about what if I don't get selected for lottery next year. My question is : "Does company have the right to make decision against my will? or Do you think they will fire me based on my choice?"

There are multiple good reasons of NOT wanting to stay in H1B at the moment. This is because given the condition of my company, I feel it is relatively less risky to stay in OPT. With OPT I can find any other part-time job easily whereas with H1B things will get messy pretty fast.

2) Also, my company already started green card PERM process in EB3 category ( 2 months ago) while I was/am still in OPT. If my OPT expires next year AND also if I am not selected for H1B lottery next year, what will happen to my PERM process?

3) If I decide to go to graduate school, OPT (which itself is F1) to graduate school ( real F1) , then would applying for PERM application affect my transition to graduate school? In that situation, do I have to leave the country to come back as a F1 student? This is because With PERM application, my intention is observed to be immigrant whereas F1 is non-immigrant. So conflict of situation may make my situation worst in future, Any ideas? I don't want to leave the country and come again for my Phd. I want to avoid any visa and finance issues in consulate offices in india again.

Please help me answer my questions.

[Pitaya 2,577]

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[canadian_wife 1,823]

Have you spoken to the HR department and the company's immigration lawyer?

good luck