Submission of H1B petition while waiting for EAD/OPT extension


PVSBM

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My Relative’s son is currently working in US from Feb 2020 on a work permit/OPT after completing MS from US University in 2019. He is holding Valid Passport (till 2028) and multiple entry F1 Visa.

He has submitted his EAD extension request in Nov 2020 for 2 years from Jan 2021 to Jan 2023. Recently he received an RFE against this in April 2021. Under STEM student’s grace period of 180 days, his work permit, if extension is not received in time, will expire in July 21.

When (and from Where) is it appropriate for him to submit his H1B petition –

(A) after receipt of EAD /OPT extension, before 30 June 2021, while in USA?

(B) without waiting for EAD/OPT extension, while in USA

(C) Since extension of EAD/OPT is awaited, from Home Country (before 30 June 2021)?

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