STEM OPT and H1-B query

[ocatvius]

Post-OPT ends on May 31st, 2016.

Currently working at Company A (not e-verified). They are filing my H1-B under Cap-Gap.
Applying for STEM extension through Company with start date June 1, 2016.

Question:
If my H1-B gets picked up in the lottery and I get to know in May,
Can I continue working for Company A under Cap-Gap? OR Do I need to change my employer come June 1, 2016 because of STEM extension?

[ocatvius]

Correction:

Post-OPT ends on May 31st, 2016.

Currently working at Company A (not e-verified). They are filing my H1-B under Cap-Gap.
Applying for STEM extension through Company B with start date June 1, 2016.

Question:
If my H1-B gets picked up in the lottery and I get to know the result in May,
Can I continue working for Company A under Cap-Gap from June 1? OR Do I need to change my employer come June 1, 2016 because of STEM extension?

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[ocatvius]

Editing my question again:

Currently working at Company A (not e-verified). They are filing my H1-B under Cap-Exempt, Cap-Gap via Premium Processing.
Applying for STEM extension through Company B with start date June 1, 2016.

Question:
If my H1-B gets picked up in the lottery and gets approved before my Post-OPT expires on May 31
Can I continue working for Company A under Cap-Gap? OR Do I need to change my employer come June 1, 2016 because of STEM extension?

[DesiOPT-FaceBook-Admin]

Your message was posted anonymously on our Facebook wall at https://www.facebook.com/desiopt1/po...06882029329163 11th March - Please review comments from other users

[ocatvius]

Reply to comment on Facebook : "You don't need to change but how are you applying for stem extension. You will be with company a till the last day of opt and you need to apply for stem before your opt ends, not after."

My OPT expires on May 31st and I am applying for STEM extension now (march) with e-verified employer with Start date as June 1, 2016

[lisaanderson]

Post-OPT ends on May 31st, 2016.

Currently working at Company A (not e-verified). They are filing my H1-B under Cap-Gap.
Applying for STEM extension through Company with start date June 1, 2016.

Question:
If my H1-B gets picked up in the lottery and I get to know in May,
Can I continue working for Company A under Cap-Gap? OR Do I need to change my employer come June 1, 2016 because of STEM extension?

File the petition under Premium Processing and get the Approval, not just notification that you got picked in the lottery. You can work for Company A under CapGap but what if your petition gets denied? Then what? Can you then start working for the STEM employer? What was your status between June 1 and the date you get the denial? Did that action invalidate your STEM Extension? If your STEM gets approved, it may be safer and less complicated to start working for Company B.

If, however, you have approval in hand, you know you are safe to continue working for Company A.

[ocatvius]

File the petition under Premium Processing and get the Approval, not just notification that you got picked in the lottery. You can work for Company A under CapGap but what if your petition gets denied? Then what? Can you then start working for the STEM employer? What was your status between June 1 and the date you get the denial? Did that action invalidate your STEM Extension? If your STEM gets approved, it may be safer and less complicated to start working for Company B.

If, however, you have approval in hand, you know you are safe to continue working for Company A.

Hi @lisaanderson ,

Thank you so much for responding.

Yes. My H1-B petition will be filed through Premium Processing. And , I have also applied for STEM now (sent the packet on friday - 3/11).

The only concern is the chances of my STEM getting approved before my H1-B gets picked & approved is very high. In which case, I need to change to company B even if my H1-B gets picked up and approved.

Am I correct?


Appreciate your response!

[DesiOPT-FaceBook-Fan]

You don't need to change but how are you applying for stem extension. You will be with company a till the last day of opt and you need to apply for stem before your opt ends, not after.