STEM OPT to Cap Expemt H1B

[praneeth86]

Hi,

I am currently working for a non-profit organization on my STEM OPT extension which expires on 14 May 2020. My organization has filed for a cap-exempt H1B Visa a few days ago. Given the current delay in the processing times, can I continue to work in my current position after the confirmation of the receipt of the application by USCIS?

Thank you for your time.

Praneeth

[JoeF]

If the H1 is not approved when your OPT runs out you have to stop working. You can only start working again when the H1 is approved.

[praneeth86]

Thank you JoeF

[praneeth86]

“Non-immigrants generally do not accrue unlawful presence while the timely-filed, non-frivolous EOS/COS application is pending,” United States Citizenship and Immigration Services said in a media release on Monday. “Where applicable, employment authorisation with the same employer, subject to the same terms and conditions of the prior approval, is automatically extended for up to 240 days after I-94 expiration when an extension of stay request is filed on time.” 
What does this entail? 
 

 

[gopalakrishnach]

I feel this is your first H1B and you have work on first H1B after its approval not on receipt so that it gets activated. So your STEM OPT extension expires on 14 May 2020 so from 15 May 2020 you need to stop working...

Edited April 24, 2020 by gopalakrishnach