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My OPT authorization expired one week ago. My employer filed an H1B petition for me and I am currently working based on the cap-gap rule. …

12 Jun 2015
Posted at 15:07h in FAQs, Student by

… Today, my employer received a request for evidence (RFE), issued by USCIS, on the pending H1B petition. My employer is now saying that it is unlikely that my H1B petition will be approved. Can I apply for the 17-month STEM extension of my OPT now that my OPT EAD has already expired?

Answer

Student and Exchange Visitor Program (SEVP) has indicated that a student whose initial OPT authorization has been extended based on the cap gap rule can apply for a STEM extension during the cap-gap period. Therefore, you should still be eligible for the STEM extension if you file your application while your H1B petition is still pending.

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