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CAN WE DO PARALLEL APPLICATION FOR H1B and Stem OPT extension on F1 student visa

Washington, DC |

I have one question. I have opt which is ending on june 20.
To accomodate that i applied for OPT STEM Extension on may 8.
Now I have found employer who is ready to file my H1. But my OPT STEM Ext application is in initial review no decision made. If I now Make my Employer file my H1 , Do my previous OPT STEM Ext application gets rejected or closed?
If I don’t get my H1 Visa or say it is denied do my application for OPT STEM Ext will still be applicable or I will enter Grace period-60days. Do I have to wait for my DEcison on OPT STEM Ext petition or I should apply it without worrying Need Urgent Answer.

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Attorney answers 3

Posted

You can apply for the H-1B without an impact on your STEM. You will file your H-1B as a change of status from F-1 to H-1B. Incidentally, with the H-1B you don't need STEM as you will be eligible for H-1B Cap Gap which will extend your OPT from June 20-Sept 30, 2012. All you need to do is provide your school's Int'l Student Services office with a copy of your H-1B receipt (if filed before June 20) and have SEVIS updated and your Form I-20 updated. This will automatically extend your OPT through Sept 30. Your H-1B will be valid Oct 1, 2012. However, since you've already filed the STEM it will provide extra protection in the event of an H-1B denial or RFE.

Asker

Posted

If my H1 gets denied by any reason will my OPT Stem extension application still gonna be effective, means can I work on that ?

Stephanie Scarborough

Stephanie Scarborough

Posted

Yes, exactly. The STEM is a good backup.

Asker

Posted

Thanks a lot first for quick reply: One last question:Even though I havent got decision for Stem OPT application I should go for H1 application with out problem correct? and If I get rejected for H1 My Stem will be there for my backup. is that what u r saying ?

Asker

Posted

I wish My lawyer was smart enough like you

Stephanie Scarborough

Stephanie Scarborough

Posted

Yes, correct. Your STEM is a solid backup in case the H1 is denied. If your company is strong and you have a degree related to the job you should be fine. Thank you also for the kind words.

Posted

Have you talked to your DSO? You should be ok, as your H-1b will not kick in until Oct 1 if your employer is subject to the cap and your Stem extension should be approved before that time.
do you have a lawyer helping you?

www.immigrate2usa.com

Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 nfleischer@immigrate2usa.com Enjoy our Blog at http://immigrate2usa.blogspot.com/

Posted

I agree with my colleagues.

You should discuss this with your DSO or with the attorney that is going to handle the H-1B filing. If you do have an employer, you should have him file the H-1B as soon as possible.

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