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F1 to H1 COS and STEM extension questions

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  • F1 to H1 COS and STEM extension questions

    Hi everyone. Need help regarding question on COS and STEM extension

    My timeline of events:
    F1 (masters degree) : 2006-2008
    OPT after masters degree Jan 2009 - Oct 2009 (utilized 9 months of OPT)
    Moved to H1B beginning Oct 2009
    Held H1B till Dec 2012 ( had 2 H1B transfers in this time frame)
    COS to F1 in Jan 2013 for PhD
    Finished PhD in 2015 and currently on OPT again

    My questions:
    1) Since I only used my first OPT after my master's degree for only 9 months, I will be eligible for a STEM extension for the OPT I am currently on which I acquired after my PhD?

    2) Since I was already cap counted in 2009 for my initial H1B, now if I move back to H1B will I be cap exempt and the employer can file my application during any time of the year (as opposed to April 1st filing) ?

    Any help on my questions will be appreciated.

    Thanks.

  • #2
    1. STEM extension has nothing to do with your previous Masters OPT. If your PhD degree is in a STEM discipline and if your employer is enrolled in EVerify, you can get STEM extension. STEM extension was in some kind of legal trouble though and I don't know if USCIS is giving STEM extensions or not these days.

    2. Yes, you will be cap-exempt, since you have not used the 6 years.

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