H1B approved during STEM OPT extension, received I-797B but I-94 is not available


Chait15

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I am in my STEM OPT extension valid till 04/31/2020, My H-1 got approved till 12/30/2019. I received I-797 B, There is no I-94 available , also I did not receive any COS denial letter .I am unemployed only for 4 weeks during my STEM OPT. can I apply for H1 extension as I am still in my OPT will there be any issues?

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Elaborate it further please.

If you are on OPT/F1 and COS was not done for any reason, then you will stay in F1 status until you get COS done or leave country and get H1b stamp using approved i-797 and come back under H1b status. you cannot simply file for H1b extension when you have no H1b status to begin with. 

Your employer can file again next year and try to get COS done for you. Or you can find a cap exempt employer and get COS done to H1b anytime.

Edited by xTDx
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