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!