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H1 Approved Extension pending

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  • H1 Approved Extension pending

    Hello Everyone
    Please help me out as I am in tough situation right now.
    I work for small company related to my branch of engineering.
    I recently got my H1B approved. I had also applied for STEM Extension in last week of March.
    But that application is still pending. And my first OPT is finishing in last week of June.
    Also my company is e-verified but the problem is it being a small company does not know how to handle e-verify.

    1) My question is if my stem extension gets denied due to some reason, can I get Cap-Gap extension based on approved H1B later on?
    Let me know of scenarios when stem extension gets denied (a) before and (b) expiry of first opt.
    Reason I am trying to get this stem extension and have not applied for cap-gap is just in case my employer fires me before
    my H1B starts in October I can move on elsewhere.

  • #2
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    • #3
      Your message was posted as anonymous on Facebook wall- (June 14th)


      • #4
        As soon as your h1 is approved, you would have cap gap extension. It doesn't matter is your stem opt is either pending/RFE/approved/denied. Your cap gap would be extended till 30th sept as your h1 kicks off on 10/1.


        • #5
          yes.. you did not need to file an OPT ext at all if you had gotten ur h1b approved. You would have automatically gotten a CAP GAP extension when your application was selected for the lottery. Its effective till sept 30 as Navya mentioned. Don't worry.. you are fine.


          • #6
            Its similar to my case comment me in inbox.


            • #7
              Small company does not cause any harm to u r opt ext .. As along as they participate in evrify u are good to go .. It does not harm u r opt ext even they bad manage their everify ..
              1 yes
              2dont worry ..for timely filed opt ext they will issue a rfe before they deny it .. So i have plenty of time to apply for cap gap .. Of it denied before u r opt expiry u can reapply by getting new i20