OPT still valid

[peffertz08 0]

I hope this the right place to post this.

I am a US citizen trying to sponsor my husband for a green card. He has a unique situation I hope some one can help us with. Here is his story:

He graduated from a university with a Masters Degree (initially on an F-1 Visa that is now expired), then had an internship with an OPT (it was a STEM internship, but and was extended to 17 months). He left after three months to pursue a Ph. D., which he did for one semester. Everything I have read online says that the OPT should have been immediately voided when he started the Ph.D. program. A month ago, he got a job offer and we decided to go for it. He is going to drop out of school to go for the job. We got married in October and are just now getting our marriage certificate (long story). So we won't be able to file the I-485, I-130, and the I-765 until just before New Year's day (I presume we won't get an EAD until ~end of March for the I-765). His employers want him to start working in the end of January.

Now, when we do e-verify's self check, it says "Work Authorization Confirmed" We assume its from the OPT that he had from before that doesn't technically expire until October of next year. My questions are: Won't the employer just check the e-verify system and see that he is eligible to work? Wasn't the OPT suppose to be canceled when he stared the Ph.D? Would that technically be illegal if he started working? If not, how do we approach the company and ask to wait until we get the new EAD in March (hopefully!!)

Any help would be greatly appreciated!!!

[canadian_wife 1,829]

Have you checked with the DSO at his school? That should be the first place you pose these questions

good luck

[Pitaya 2,577]

~Moved from Family-based AOS to WST-based AOS Forum~

~AOS from student visa~