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  • H1B and OPT STEM

    Hi everyone,

    I am holding a STEM degree and working under EAD (will expired on 8/2/14).

    Currently I am negotiating with my employer about applying H1B this year on April.

    If I apply H1B on April (without premium processing), and it is still in pending process, am I eligible to apply for OPT STEM? any restriction?

    More importantly, any advise on applying H1B vs OPT STEM to earn the additional 17months and take risk(lottery) next year for H1B visa?

    Please advise, and thank you for your time.


    Juven

  • #2
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    • #3
      Originally posted by juvenchan View Post
      Hi everyone,

      I am holding a STEM degree and working under EAD (will expired on 8/2/14).

      Currently I am negotiating with my employer about applying H1B this year on April.

      If I apply H1B on April (without premium processing), and it is still in pending process, am I eligible to apply for OPT STEM? any restriction?

      More importantly, any advise on applying H1B vs OPT STEM to earn the additional 17months and take risk(lottery) next year for H1B visa?

      Please advise, and thank you for your time.


      Juven
      Yes, whether H-1B is pending or approved, you can apply for STEM extension as long as you are in valid F-1/OPT status.

      Why can’t you do both? Apply for STEM extension and H-1B. If anything, you can apply for STEM extension, which if your employer is E-Verify and you have not violated your status in any way, is pretty much guaranteed. This way, you still have your extension, if you get the lottery, great, but if you don’t you can try again next year. Talk to an attorney about the strategy involved in doing both.

      You may like to read about H1B Visa 2015 Predictions here
      Last edited by DesiOPTForumAdmin; 02-26-2014, 10:38 AM. Reason: Follow Forum posting rules. Spamming not allowed.

      Comment


      • #4
        1 yes you can apply ..
        2 i would say apply it this yr .. because of volatile situation can you really take consequences of not picking u r h1 next yr ??

        Comment


        • #5
          and money you save by waiting for an yr is 7.5% of y r gross pay ..

          Comment


          • #6
            but cost of not picking up in lottery is very high .. not only money peace of mind also counts ..

            Comment


            • #7
              1. Yes 2. Apply both. h1B is good idea

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