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justmarriedusciti

Got job with cap subject employer while I am on cap exempt H1b. I have also applied for GC. What to do now?

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So here is my precarious situation:

 

I have an H1B sponsored by a cap exempt employer that is about to expire in a few weeks, but my I-94 status is valid until October 2020. My H1b was never renewed/extended. There is an extension application submitted to USCIS on which we haven't received a verdict yet. 

I have applied for Adjustment of Status through Immediate Relative (spouse is USC) last month. I will hopefully have an EAD soon, but no idea when exactly. 

 

However, a very good company has made me a job offer, which I haven't accepted yet because I don't know if I could work for them. That job is very similar to the job I have with my cap exempt employer right now and in the same city. 

 

Suppose if they were to file an H1b for me (which would probably be rejected since I have never gone through the H1B lottery), how long before it gets shot down by USCIS? The immigration team at the new employer told me that they could file the H1B for me, and hopefully the EAD should come in soon before the H1B is rejected. That would enable me to work there legally. I am not sure if these guys know what they are talking about. Can someone here tell me what are the repercussions for me if I was to start working for them in such a situation?

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On 10/5/2019 at 5:11 AM, fs2439 said:

I think you can't do that. They probably can't e-verify you either after current expiration. I think you need to wait for ead

What is the process for e-verify in such a situation? If they submit my application and a receipt number is received, could I not start working there? 

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