State government sponsored H1b and Green Card, E-Verification.

[Validuser]

What is the name of your state (only U.S. law)? Maine

Question 1: Would an H1b filed by a State government-affiliated agency be considered as a non-profit H1b? and would it be valid in a profit based organization in case if I plan to switch in future?

Question 2: Can you apply for Green card along with H1b at the same time, I am currently on my OPT (1st year)?

Question 3: Does an employer (state-affiliated agency) needs an e-verification, if they were to apply for an H1b visa for their employee? can they do it without e-verification?

P.S.: My employer is willing to sponsor me being a State agency. Please consider the scenario before sharing your valuable and much-required inputs.

Thank you in advance.

 

[FlyingRon]

You can't "switch employers" on an H1-B. Your visa is tied to that particular employer. If you wish to seek employment elsewhere, the new employer can start a new H1-B application for you. In certain cases, you can skip something you've already cleared (for instance, if the position you have wasn't cap-exempt, you may not have to worry about that again).

I don't understand question 2. Why do you think you're eligible for a green card while you are on OPT. The two are fundamentally incompatible. You can apply for the H1-B.

The short answer is that state governments are exempt from e-verify on their employees, but I'm not even sure why you are asking. If they're sponsoring you, they will know your immigration status. Just because they're not require to use e-verify doesn't mean they have no responsibility to verify that you are a legal worker. They still have to verify one of the I-9 documents.

 

[t74]

A state agency must still follow the recruitment rules before applying for a green card on your behalf. Government jobs are highly sought after; I cannot imagine that they would not have willing and qualified individuals desirous of the position. I also cannot imagine an agency applying while the beneficiary is still on OPT.