Recommended Posts

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.

Link to comment
  • 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: or email with questions about a legal agreement for an H1B case.

Link to comment

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.