H1B petition during 1st year of OPT


soulraider

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Hello Guys,

Need some help regarding my wife H1B petition during her 1st year OPT. 

1) Can she apply for Cap Gap if her H1B petition got picked up in lottery? her 1st year of OPT ends on June 10th. Her Company attorney suggested to wait until the lottery results, is that a good idea to wait that long?   

2) Can't she apply for both H1B on April 1st and OPT STEM extension now itself in parallel? If she applies what would be the impact of having two statuses?

 

Thanks and Regards

Soulraider

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I consider "lottery results" to mean being picked up in the lottery, not actual approval of the petition.

Cap-gap is for the situation when an H1 is processed, i.e., being picked up in the lottery.

OPT is not a status, it is part of the F1. So, there is no issue to filing for an OPT STEM extension while the H1 petition is pending.

 

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On 2/27/2017 at 3:43 PM, JoeF said:

I consider "lottery results" to mean being picked up in the lottery, not actual approval of the petition.

Cap-gap is for the situation when an H1 is processed, i.e., being picked up in the lottery.

OPT is not a status, it is part of the F1. So, there is no issue to filing for an OPT STEM extension while the H1 petition is pending.

 

Thanks JoeF for reply.

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