STEM Extension Q!

[kailash174]

Hello All,

Thanks for the great service you all are providing as a community for most of us through DesiOPT.

I have a question and looks like most of them are not sure of the answer. So I would like to ask here and get some professional help.

I am currently on OPT (STEM Extension) which is valid until March 23rd 2016. So I am working full time with a start up and they are applying for my H1B this April (Next month). God forbid, in case my application doesn't get selected in the lottery, my visa doesn't go all the way till next year April 1st. It falls short of 8 days approximately.

What is the best possible solution for this? How do I get to maintain the status for just those 8 days, if necessary?

Any help will be greatly appreciated..

Thanks in advance!

[DesiOPT-FaceBook-Admin]

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[lisaanderson]

Hello All,

Thanks for the great service you all are providing as a community for most of us through DesiOPT.

I have a question and looks like most of them are not sure of the answer. So I would like to ask here and get some professional help.

I am currently on OPT (STEM Extension) which is valid until March 23rd 2016. So I am working full time with a start up and they are applying for my H1B this April (Next month). God forbid, in case my application doesn't get selected in the lottery, my visa doesn't go all the way till next year April 1st. It falls short of 8 days approximately.

What is the best possible solution for this? How do I get to maintain the status for just those 8 days, if necessary?

Any help will be greatly appreciated..

Thanks in advance!

This is not such a complicated issue. Read the Cap Gap memo on uscis.gov. After March 23, you enter your 60-day grace period. As long as the H-1B is filed while you are still in F-1 status, including grace period, you are covered by Cap Gap. This means you can remain in the U.S. while the H-1B is processing. If the H-1B is rejected and not chosen in the lottery, you have 60 days of grace period starting on the period the rejection notice is dated. If your H-1B is chosen in the lottery but later denied by USCIS or withdrawn by the employer, your 60 days of grace starts from that date.

[DesiOPT-FaceBook-Admin]

Your message was posted anonymously on our Facebook wall at http://www.facebook.com/desiopt1 on March 4th - Please review comments from other users.

[DesiOPT-FaceBook-Fan]

After that u will get grace period . I think On that time u can apply

[DesiOPT-FaceBook-Fan]

I am not sure about the grace period, but as per my research - I had the same question, you could apply to a school that gives CPT from day 1. This way you can continue working after March 23rd, the company can apply again next year and till you hear back from them in June you can continue with the school, as soon as the results of the lottery are out you could leave the school or continue as per the results. Hope this helps.

[DesiOPT-FaceBook-Fan]

Check Cap-Gap regulations
forum.desiopt.com/entry.php/44-H-1B-Cap-Gap-Regulations

[DesiOPT-FaceBook-Fan]

Cap-gap is generally after the employer files H1 on April 1st. I have never heard of cap-gap for a case like this.

[DesiOPT-FaceBook-Fan]

to be on safe side take admission in a university that gives opt from day 1 .i am planning the same my opt ends on april 1 2016

[DesiOPT-FaceBook-Admin]

Cap-gap is generally after the employer files H1 on April 1st. I have never heard of cap-gap for a case like this.

F-1 students who have entered the 60-day grace period are not employment-authorized. If an H-1B cap-subject petition is filed on the behalf of a student who has entered the 60-day grace period, the student will receive the automatic cap-gap extension of his or her F-1 status, but will not become employment-authorized (since the student was not employment-authorized at the time H-1 petition was filed, there is no employment authorization to be extended).
http://www.uscis.gov/.../extension-post-completion...

[DesiOPT-FaceBook-Admin]

to be on safe side take admission in a university that gives opt from day 1 .i am planning the same my opt ends on april 1 2016

F-1 students who have entered the 60-day grace period are not employment-authorized. If an H-1B cap-subject petition is filed on the behalf of a student who has entered the 60-day grace period, the student will receive the automatic cap-gap extension of his or her F-1 status, but will not become employment-authorized (since the student was not employment-authorized at the time H-1 petition was filed, there is no employment authorization to be extended).

http://www.uscis.gov/.../extension-post-completion...

[DesiOPT-FaceBook-Fan]

The only option you hv to take admission in univ that provide 1st day CPT and work till oct 1. No cap gap when you are finished with OPT