When is it appropriate to submit H1B petition when extension of OPT/EAD is awaited?
He has submitted his EAD extension request in Nov 2020 for 2 years from Jan 2021 to Jan 2023. Recently he received an RFE against this in April 2021. Under STEM student’s grace period of 180 days, his work permit/OPT/EAD, if extension is not received in time, will perhaps expire in July 21.
When is it appropriate for him to submit his H1B petition – (A) after receipt of EAD /OPT extension, before 30 June 2021? (B) without waiting for EAD/OPT extension, while in USA (C) Under current uncertainty, from Home Country (before 30 June 2021)
2 attorney answers
The H1 employer should submit the H1B petition as soon as practical . The extension of OPT/EAD does not matter.
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He does not submit an H-1B petition. An employer must file an H-1B petition on his behalf. Unless an employer already had a registration selected for your friend’s son, the employer will not be able to Uniate the process until next February/March unless cap exempt. Has your friend’s son spoken to his employer’s immigration attorney about the issue? If not, it would be a good idea for him to do so.
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