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Can I fall back on my STEM if I lose my job during my H1B?

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  • Can I fall back on my STEM if I lose my job during my H1B?

    Hi everyone,

    I had a quick question about how the STEM extension works in relation to your H1B. My OPT expires on the 3rd of September but since I received my H1B approval notice, I believe I fall in the CAP GAP category. My question is, if I lose my job while I'm on my H1B (after 1st October), would it be possible for me to fall back on my STEM extension?

    I haven't yet applied for my STEM (I was going to but stopped after getting my H1B approval notice) but someone told me I should do it even though I got my H1B. So if I do now, and it gets approved after Oct. 1st, would I be able to use this as a backup if I lose my job later? Or would the only option be an H1B transfer?

    If the STEM does get rejected because of my H1B, I know an H1B transfer would be the only option, but if it does get accepted, then would the STEM be an option at that point of time?

    Thank you!

  • #2
    Originally posted by aimulaidni View Post
    Hi everyone,

    I had a quick question about how the STEM extension works in relation to your H1B. My OPT expires on the 3rd of September but since I received my H1B approval notice, I believe I fall in the CAP GAP category. My question is, if I lose my job while I'm on my H1B (after 1st October), would it be possible for me to fall back on my STEM extension?

    I haven't yet applied for my STEM (I was going to but stopped after getting my H1B approval notice) but someone told me I should do it even though I got my H1B. So if I do now, and it gets approved after Oct. 1st, would I be able to use this as a backup if I lose my job later? Or would the only option be an H1B transfer?

    If the STEM does get rejected because of my H1B, I know an H1B transfer would be the only option, but if it does get accepted, then would the STEM be an option at that point of time?

    Thank you!
    No. Once your change of status takes effect (on October 1), you are in H1b status, and no longer on F1 status. You can no longer do OPT.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Originally posted by newacct View Post
      No. Once your change of status takes effect (on October 1), you are in H1b status, and no longer on F1 status. You can no longer do OPT.
      Thank you for your reply! So basically there's no point in applying for my STEM now?

      Comment


      • #4
        Originally posted by aimulaidni View Post
        Thank you for your reply! So basically there's no point in applying for my STEM now?
        Yes, you cannot go back to OPT once you have moved to H1.
        Just an opinion; Not legal advice.

        Comment

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