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STEM-OPT & H-1B application contradiction

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  • STEM-OPT & H-1B application contradiction

    Hi, I'm currently on OPT which will end in July. I've already applied for STEM extension last month (still in process). I got also selected in H-1B lottery and got the receipt number.

    1)My attorney says I should've waited more to apply for STEM, to see if there's a problem in H-1B process and then apply for STEM. My DSO also said if H-1B gets approved first and then STEM, USCIS might cancel H-1B since STEM is the latter application decision. Is this true?

    2)When asked my DSO whether it is necessary to notify them with my receipt number and apply for Cap-Gap extension, when I'd already applied for STEM; my DSO said they advise students to apply for Cap-Gap not STEM due to the risk above I mentioned. I don't know what to do. Should I pull back my STEM application? Should I keep it and apply for Cap-Gap as well?

    3)Regardless of any case above, is notifying school with H-1B receipt number mandatory or is it just for Cap-Gap extension?

    Thanks in advance

  • #2
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    • #3
      Your message was posted as anonymous on Facebook wall- (May 3rd)


      • #4
        1 no
        2 no need as of now


        • #5


          • #6
            I think it is highly recommended that you apply for STEM and not hope to get selected n the lottery.. I cant believe your DSO wouldnt know such a basic thing. 1. Your h1b does not get cancelled. Your STEM ext is probably what gets cancelled regardless of what order you applied in. The only thing was that you could have saved your STEM application fees. 2. You do not apply for CAP gap. It is automatically done by USCIS when you have ur h1b petition selected for processing . you get a CAP gap from whenever ur OPT is expiring till 31st of Sept. Again do not listen to you DSO, he is clearly misguiding u. 3. H1b is a employer thing, you need not notify them of anything regarding it.