Jump to content

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


4 posts in this topic

Recommended Posts

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?

Link to comment
Share on other sites

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? 

Link to comment
Share on other sites

Filed: O-1 Visa Country: Brazil
11 minutes ago, justmarriedusciti said:

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? 

I think you need a professional opinion

Link to comment
Share on other sites

Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
  • Create New...