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OPT STEM Extension and CAP GAP

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  • OPT STEM Extension and CAP GAP

    Hi,
    My post completion OPT has started on 06/27/2013 and is about to end on 06/26/2014. My company has applied for my H1b and is picked in the lottery and i am presently on my CAP GAP.my h1b is still pending with RFE.
    My question are:

    1) Can i apply for OPT stem extension with USCIS when my H1b is pending?
    2) I have requested my university for an i-20 recommending for stem extension, they have sent me an i-20 which recommends my opt stem extension from 10/01/2014 and it says my opt has been approved from 06/27/2013 to 09/30/2014 which is 15months. They have included the cap gap in the approved opt and recommended my stem from october 1st when my cap gap ends.

    I have another friend from a different university whose I20 is similar to mine where the STEM is recommended for 17months after october 1st even if the post completion OPT expires much before that.

    Is this recommendation Right??

    I Would be glad if any of you guys can help me with this.

    Thank you

  • #2
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    Comment


    • #3
      Your message was posted as anonymous on Facebook wall- (June 15th)

      Comment


      • #4
        1 Yes 2. it should be 17 months

        Comment


        • #5
          1. yes u can 2. that is correct . 3.

          Comment


          • #6
            1. Yes 2. Thats right 3. Yes

            Comment


            • #7
              Actually it's wrong. Apparently in such a situation you'll receive an RFE on your stem extension and a ticket needs to be issued to adjust your opt end date to the original end date and not September 30 and 17 months will be added to that and not after cap gap. This is what my dso said after speaking with a uscis officer right in front of me. Good luck!

              Comment


              • #8
                Since your H1B was selected so automatically you have been approved to work until 30 September 2014. Now if you apply for an OPT-Ext then the months that were accounted for in the Cap-Gap from your OPT expiry to September 30th will be compensated on your STEM Extension.

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