CAP-GAP, OPT extension and H-1 processing. URGENT!!!

[nehulshah]

Hi all,

I have applied for H-1 in the month of April. I am eligible for STEM OPT extension, but I would rather go for H-1. My 12 month OPT expires in May and I have also applied for Cap-Gap extension to bridge the gap between June and October (before the H-1 is approved and gets started).

My questions is:

1) If H-1 gets disapproved, I know I have a 60 day period before I am asked to leave, but if I also apply for STEM OPT extension (17 more months on OPT), do I get to stay here till that period ends or no matter what once H-1 gets denied I have to leave the US?

Thank you in advance,

Nehul

[livliv]

As long as your STEM extension is filed (receipt date) before 12 month expiry, you can use that to stay in the US and work in case H1 is denied.