F1 STEM OPT to H1B with change of employer - DSO refusing to update I-20?

[hakuna-matata]

Hello, I'm really hoping one of the many knowledgeable posters here can assist me with my situation since my desperate efforts have left me at ends with the matter.

I graduated from university (in the U.S.) in May 2010 and commenced employment with employer A in June 2010 using F1 OPT status. While still employed by employer A, I applied for and recieved 17 month STEM extension. (OPT valid until 10/31/12)

Towards the end of May 2012, I resigned from my position with employer A to take up an opportunity with employer B, also an E-verify employer. I commenced employment with employer B in June 2012. Employer B filed for my H1B and my petition was approved with a starting date of 10/01/12.

I contacted my school's DSO and asked her to update my employment information on my I-20 to reflect my current employment with employer B. However she is refusing to do so since my STEM extension was approved by USCIS based on employer A, not employer B.

Questions:
- What status am I currently in: F1 or H1B?
- If I am still in F1 status, what do I need to do to maintain valid status? i.e. how do I get my I20 updated?

Thanks in advance.
Jinal

[hakuna-matata]

good morning, nobody has any input?

[kabkaba]

You are currently in F1 status. Your new employer B must be enrolled in EVerify and the job must be in your field of study. If these conditions are met, your responsibility ends when you inform the school of this change. There is no need of any updates to your I-20. If the school is not ready to acknowledge that you have informed them, ask them to check F student FAQ on ICE website, which clearly allows you to change jobs while on OPT Extension.
If the new employer is not enrolled in EVerify or the job is not in your field of study, this is illegal employment and it can result in denial of H1 petition or problems in your future applications. Consult an experienced attorney if that is the case.

[hakuna-matata]

Hi kabkaba! Thanks for your informative post! You have no idea how much I appreciate it!!

My employer uses E-Verify and I am in a degree related position so in that respect I know I am ok. However following your lead, I found an OPT guidance document on the ICE website that contains alot of information.


The following items were of particular interest to me:

8.4.3. Can the student change employers while the 17-month extension application is pending?
Yes. However, if the 17-month extension period has started, the employer must also be an E-Verify employer. The student must report the change in employment to his or her DSO. The DSO must update the student’s employer information in SEVIS and the student should submit an amended Form I-765 to the appropriate USCIS Service Center, providing the new employer’s E-Verify number and a copy of the USCIS receipt notice for the first Form I-765. A brief letter explaining the submission should also be included. There is no fee associated with submitting the amended Form I-765.


8.5. Can a student change employers during the 17-month extension?
Yes, however, the employer must also be an E-Verify employer. The student must report the change in employment to his or her DSO.

8.8. DSO responsibilities relating to a student granted a 17-month extension of OPT
The DSO must update SEVIS with information on changes to the student’s name and address, and changes in the student’s employer (including name changes) and address.
This chart shows how to enter the reported information into SEVIS.

{see page 30 of the link to see table}


Based on my interpretation of the above, my I-20 does need to be updated. And I do not need to resubmit an I-765. (or do I?)

I contacted my DSO with SEVIS update information and she tells me that while she can change the name of my employer, she can't change my dates of employment. So she is mailing me a new I-20 pg 3 with my new employers information but the dates are wrong.

i.e. For STEM extension, pg 3 of my I-20 currently reads:
Employer A (06/01/2011 - 11/01/2012)

She is changing it to read:
Employer B (06/01/2011 - 11/01/2012)

... because she can't change dates. But I didn't start working for employer B until 06/04/2012!

I was expecting the employment information in my I-20 to look somewhere along the lines of:
Employer A (06/01/2011 - 05/25/2012)
Employer A (06/04/2012 - 11/01/2012)

where
06/01/2011 is the STEM extension starting date
11/01/2012 is the STEM extension end date
05/25/2012 is last day of employment with Employer A
06/04/2012 is first day of employment with Employer B

Will this inconsistency put me in a bad position in the future? i.e. during H1B stamping or green card application in the event I decide to go that far?

Please advise.

Thanks, Jinal

[kabkaba]

I think the DSO is confusing changing the employer name initially and during the OPT. He/she should ask SEVIS for more information. As for your part, it is sufficient that you inform the DSO.

[hakuna-matata]

thanks again kabkaba