Hello,
I am on STEM OPT currently.
My employer applied H1B in Apr 2019 for FY 2020 - Applied with consular processing which was approved in Dec 2019.
Had planned to travel out of US and get the visa stamping in 2020 but could not travel due to the pandemic.
H1B (consular processing) visa expired in Nov 2020 - Still on STEM OPT
Employer filed (amended/extended) a new petition with change of status in Nov 2020 (before it expired)
Received RFE in Nov 2020 and responded to RFE in Feb 2021
Petition is still pending with USCIS
STEM OPT to be expired in April 2021
I have few questions (below):
1. Can I stay and work in US after STEM OPT expires?
2. Will my petition be considered as Cap-Gap in this case?
3. Can I continue working until I receive the USCIS response even after my OPT and grace period (60 days) expires?
4. Did anyone go through such scenario? - H1 filed with consular processing and then amended with change of status - Please provide your contact info so I can reach out to you and discuss further if you are ok with it.
I am on STEM OPT currently.
My employer applied H1B in Apr 2019 for FY 2020 - Applied with consular processing which was approved in Dec 2019.
Had planned to travel out of US and get the visa stamping in 2020 but could not travel due to the pandemic.
H1B (consular processing) visa expired in Nov 2020 - Still on STEM OPT
Employer filed (amended/extended) a new petition with change of status in Nov 2020 (before it expired)
Received RFE in Nov 2020 and responded to RFE in Feb 2021
Petition is still pending with USCIS
STEM OPT to be expired in April 2021
I have few questions (below):
1. Can I stay and work in US after STEM OPT expires?
2. Will my petition be considered as Cap-Gap in this case?
3. Can I continue working until I receive the USCIS response even after my OPT and grace period (60 days) expires?
4. Did anyone go through such scenario? - H1 filed with consular processing and then amended with change of status - Please provide your contact info so I can reach out to you and discuss further if you are ok with it.
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