My employer filed my H1B petition when I was working on OPT in F-1 status. My OPT EAD ended, and I continued working pursuant to the cap-gap benefit, …
10 Jun 2016… while waiting for the start date of my H1B employment on October 1st, based on the approved petition. However, I no longer intend to work for the petitioning employer and would like to apply for a 24-month OPT extension, based on my STEM degree. Can I still extend my OPT, even though my first-year OPT has already ended?
Answer
As long as your status has not changed yet to H1B (i.e. during your cap gap extension period), you should be eligible to apply for a STEM OPT extension. To avoid any confusion, including an automatic termination of your SEVIS record on October 1, your employer should withdraw the approval of the petition after the filing of your STEM extension application and before October 1. (10.Jun.2016)
Questions frequently reach us from students on a variety of matters. This is a sample question, answered by an attorney in our firm. More information can be found in the student section of MurthyDotCom.
Access more FAQs here.
Copyright © 2016, MURTHY LAW FIRM. All Rights Reserved