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immigrant4ever

STEM OPT expiring soon, grace period?

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My STEM OPT is expiring on May 22, 2019. I have been employed throughout OPT  & STEM OPT. If my H1 application for FY2020 does not get picked in the lottery which means I am not eligible for CAP-GAP extension. In that case, do I need to leave the country on or before May 22, 2019 or how long can I stay legally in the US without working to explore alternate options?

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If you do not have work authorization past the date mentioned, you have to leave the US. You'd certainly remember one of the conditions of your F1 visa is a return to your home country once the studies and practicals are complete. 

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If your H-1B petition is not selected in the lottery, you'll have 60 days from the end of your STEM OPT to either leave the country or change to a different status.

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1 hour ago, prad0211 said:

If your H-1B petition is not selected in the lottery, you'll have 60 days from the end of your STEM OPT to either leave the country or change to a different status.

Change to a different status? OP is employed and mentioned going for an H1b to gain work status. If a petition is denied and 60 days from the end of OPT, s/he has no alternative but to leave the US rather than try shady cos scenarios just to stay in the US. Presumably s/he has work authorization in their home country once school is completed. 

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2 hours ago, Provence said:

Change to a different status? OP is employed and mentioned going for an H1b to gain work status. If a petition is denied and 60 days from the end of OPT, s/he has no alternative but to leave the US rather than try shady cos scenarios just to stay in the US. Presumably s/he has work authorization in their home country once school is completed. 

If the OP is eligible, moving to a dependent status wouldn't be a shady COS scenario. 

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6 hours ago, Provence said:

Change to a different status? OP is employed and mentioned going for an H1b to gain work status. If a petition is denied and 60 days from the end of OPT, s/he has no alternative but to leave the US rather than try shady cos scenarios just to stay in the US. Presumably s/he has work authorization in their home country once school is completed. 

Thanks for Inputs Provence & Prad0211. My employer is processing ICT work permit to Canada and hopefully, it gets processed before May,22. For sure I am not going to join Day-1 CPT colleges to make my life more complicated. I am thinking to get married by the end of November of this year, my fiancee is H1B holder. Can I apply for H4 visa and travel to US now and then from Canada (we will be 160 miles away, maybe every other weekend travel)?

Edited by immigrant4ever

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7 hours ago, prad0211 said:

If the OP is eligible, moving to a dependent status wouldn't be a shady COS scenario. 

No one said anything about dependent status if eligible. My point was more of a cos of the type OP alluded to above that is usually suspect and is the go-to desperation move for numerous posters on many desi-centric forums that I see regularly. 

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