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

Asked over 2 years ago - 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.

Attorney answers (3)

  1. Stephanie Scarborough

    Contributor Level 14


    Lawyers agree


    Best Answer
    chosen by asker

    Answered . 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.

  2. Neil Ian Fleischer

    Contributor Level 20


    Lawyer agrees

    Answered . 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?

    Neil I Fleischer (513) 977-4209 Note: Neil Fleischer is an attorney licensed in the State... more
  3. Marc Damien Sean Taylor

    Contributor Level 16


    Lawyer agrees

    Answered . 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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