Applying for OPT STEM Extension while in Cap-Gap for H1B application.

[RoughE]

My standard OPT expires on July 11th, and I am looking to apply for my OPT STEM extension. My employer also applied for my H1B this year. My university informed me that my SEVIS status has changed to pending, and my employment authorization has been extended to Sept 30th under Cap Gap extension.

My university informed me that, if I apply for my OPT STEM extension right now, it might get rejected because it is more than 90 days from Sept 30th and to wait till June 30th to apply. However, my employer's immigration attorney is of the view that the date on my EAD card, which is July 11th, is still counted as the final date of my standard OPT, and so I can apply now. I would like some advice on whether it is safe to apply for my OPT extension right now? And if anyone has faced difficulties under similar scenarios?

[shekar11#]

On 5/5/2017 at 11:20 AM, RoughE said:

My standard OPT expires on July 11th, and I am looking to apply for my OPT STEM extension. My employer also applied for my H1B this year. My university informed me that my SEVIS status has changed to pending, and my employment authorization has been extended to Sept 30th under Cap Gap extension.

My university informed me that, if I apply for my OPT STEM extension right now, it might get rejected because it is more than 90 days from Sept 30th and to wait till June 30th to apply. However, my employer's immigration attorney is of the view that the date on my EAD card, which is July 11th, is still counted as the final date of my standard OPT, and so I can apply now. I would like some advice on whether it is safe to apply for my OPT extension right now? And if anyone has faced difficulties under similar scenarios?

Better to wait till June 30. You can continue working on pending STEM extension receipt also for 180 days.