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Cap gap extension for OPT STEM to H1B

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. 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.


  2. Yes

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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