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cap-gap or stem extension? (I29 under processing H1b)

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  • cap-gap or stem extension? (I29 under processing H1b)

    I am currently valid F1 visa. I am on OPT and working for a Company A. I have questions here.

    1) My OPT would expire on June 16, 2014 and I have a I797 reciept number which shows that I have been selected for H1b lottery. However, since i am in normal processing, my application is still under review. I have two option here to extend the work authorization.
    a)Cap-gap extension
    b)Stem extension

    When I spoke to my DSO about the possible scenarios, they told me the following.

    I am automatically eligible for cap-gap extension. If I take cap-gap and If my H1b is denied/revoked after I pass my opt date then, I won't be able to apply for Stem extension and I will have 60 days to leave the country.

    If I take the Stem extension currently, then if the STEM is approved after my H1b is approved, then it may over ride my status ( last action date rule) and I will be back on opt.

    So the confusion I am having is, which one will be the optimum solution to opt for? I have one month of time to choose between them.

    Say, if I file for Stem extension, would there be any problem in my legal status/work authorization because both the applications would be pending with USCIS at the same time? Is it okay to file both applications together ?

    I really do not want to be in such a situation in which I do not file OPT extension and simply wait for H1B decision (by simply assuming that its approved and I will be covered under cap-gap). It could be riskier because if my H1B gets denied and the decision comes after my OPT expiration (June 16, 2014) or If I am on cap-gap, then I cannot file for OPT extension anymore to continue working in US. I have to leave the country in such case.

    Please clarify my questions.


  • #2
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    • #3
      Your message was posted as anonymous on Facebook wall- (May 16th)


      • #4
        STEm it wont override anything in u r situation ..
        stem ext is just an extension not an status change ..


        • #5
          if u want to take safe route then go with stem ..


          • #6
            there is a last action date rule I am telling this info based on fact not Assumption. Please if you don't have facts don't misguide
            there is a last action date rule . I am telling this info based on fact not Assumption. Please if you don't have facts don't misguide


            • #7
              If i were you , i would go with stem extension in order to be on safer side


              • #8
                f1 is peculiar visa .. Stem ext does not generate any new i94 .. With other visas like b1 ext of stay will generate new i94 .. Last action only applicable if u get ext of stay with new i 94 ..


                • #9
                  what do you mean?