When should I apply for OPT STEM Extension with H1-B application still pending?

Asked about 1 year ago - New York, NY

I am currently on initial post-completion OPT which expires on Sep 1, 2013.
My employer has made a timely application for H1B with a start date of Oct 1, 2013 and hence I qualify for the cap-gap extension till Sep 30, 2013.

My employer is currently in the process of responding to an H1-B Request for Evidence and I'm worried that it may take too long by the time USCIS reviews the evidence and reaches a decision. To ensure that I can continue working in the event my H1B application is denied, I am planning to apply for an OPT STEM extension.

1. Say my H1B gets denied on Aug 20, 2013. Can I still file a STEM extension between Aug 20, 2013 and Sep 1, 2013?

2. What happens if I file STEM extension before H1B decision and later:
a. H1B gets approved?
b. H1B gets denied?

Thanks in advance!

Attorney answers (3)

  1. Alexus Paul Sham

    Contributor Level 20

    2

    Lawyers agree

    Answered . Yes file for your STEM extension before September.

    Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does... more
  2. J Charles Ferrari

    Contributor Level 20

    2

    Lawyers agree

    Answered . Before September.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  3. Daniel Patrick Hanlon

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . You should file for the STEM extension before your current OPT expires. You will need evidence that you work in a STEM field and your company must sign off on a verification of employment for you.

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