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H1B amendment (and extension) from consular processing to change of status

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  • H1B amendment (and extension) from consular processing to change of status

    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.

  • #2
    Hi,
    1. After your STEM OPT expires you can not work... And Your H1B will not be in effective until it gets approved.. Why because, you filed petition with change of status now.. Please note, when you file petition with change of status, you will need to be in status at that time.
    2. No.. Its not..
    3. You can not work under H1B. Rather you can work under OPT if you have validity.
    Thanks

    Comment


    • #3
      Thank you for responding to my questions. Could you please help me with below questions?

      1. Petition for change of status was filed in Nov 2020 and I was still on Stem OPT (in a valid status) when it was filed - Can I not work in this scenario after OPT expires? If that is the case, what options do I have to maintain status?
      2. Can stay in US after the grace period (60 days after OPT expires) and petition is pending with USCIS?

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