Tweet
cap-gap or stem ext? (I797 under processing)
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.
Thanks
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.
Thanks
