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, …

… 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)

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