Processing H-1 for another company while doing post-doc

[abuma]

I recently joined as a post-doc at an University and applied for my 17 month OPT extension since this University is E-verified. Coincidentally after I accepted this post-doc position and processed my OPT extension, I got an interview in industry and got that job as well. Now since my OPT extension is in process through post-doc position, to the best of my knowledge I can not change the job until I get my new OPT card. I don't know whether the industry which has offered me job is E-verified or not. But I am wondering if they are not E-verified, I won't be able to join them even after I get my OPT card. In that case, can they apply for my H-1 ( the quota is still open ) while I am working as a post-doc and then can I join them in October when H-1 is approved? Any help in this matter will be appreciated.

 

[HKAndy]

If the industry employer are not E-verified, you can't use the STEM OPT even after you have your OPT card and you can't work for the industry under OPT. You should ask for H1B now before the quota is reached.

Yes, you can work at the university under the STEM OPT because applying to adjust your statuts will not terminate your F1 OPT. Even after you industry H1B partition is approved, it is not effective until October 1, 2010. As such you can continue to take advantage of the OPT till then, but be sure to keep your DSO up-to-date as you are still on F1, sponsored by the school where you got your degree from. Also advise them after you have an approved H1B so that they can determine an end day in SEVIS for you.

The above is not legal advice, and you should consult an attorney if you are looking for legal advice.