Cap gap extension for OPT STEM to H1B

Asked over 1 year ago - San Jose, CA

I am on STEM extension OPT and my employer is willing to file my H1B in April2013 to start in Oct2013. My STEM extension OPT expires before that in June. Would the cap gap be valid for STEM OPT and can I stay and work here if I have my application filed correctly on April12013.

Attorney answers (2)

  1. J Charles Ferrari

    Contributor Level 20

    Answered . Yes

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  2. Stephanie Scarborough

    Contributor Level 14


    Lawyer agrees

    Answered . Yes but you must provide a copy of your H-1B receipt to your DSO at your school so that they may update SEVIS with the Cap Gap period.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

26,601 answers this week

2,975 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,601 answers this week

2,975 attorneys answering