STEM-OPT Cap Gap


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Currently, I am on STEM-OPT working for Company A and STEM-OPT is expiring on May 5th. Company B is registering for an H1B this year for me. If I get picked up in the lottery, Company B will submit a petition to USCIS before May 1st. Once Company B submits my petition on time to USCIS, am I eligible to apply for STEM-OPT Cap-Gap and continue working with Company A till I get H1b Approval/Denial.

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  • 2 weeks later...

If someone has STEM OPT and it is expiring on May 5, 2020, then the H1B Cap Case needs to be filed before May 5, 2020 for the Beneficiary to have cap-gap work authorization. If the H1B Petition is being filed within the 60 day grace period after May 5, 2020, then the Beneficiary will have cap-gap permission to stay without work authorization.

If you want to consult with an Attorney at Murthy Law Firm you can find information at our Consultations: https://www.murthy.com/consultations/ or email law@murthy.com with questions about a legal agreement for an H1B case.

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