OPT STEM Extension - Applied after OPT Expired

[FourRings]

My OPT expired on Feb 17th.

I contacted my University DSO on Feb 13th and was misinformed that I can apply for OPT STEM extension until 60 days of the OPT expiration. On March 4th when they realized the mistake, they contacted SEVIS help desk who suggested to go ahead and apply for the extension and wait for the Request For Evidence and at that point the help desk can correct the SEVIS and allow for STEM extension option to be annotated in the SEVIS record.

The Director of International Student Services at my University has issued a letter to the USCIS stating the same that they have misinformed me and I have submitted it along with my application.

My application was received by USCIS on March 6th and I received I797C form.

• What are the chances that my OPT STEM Extension would get approved?
  
• If my OPT STEM extension application gets rejected, will I be able to transfer my SEVIS to another University, since my SEVIS would not be active then?
  
• If I am not able to transfer my SEVIS to another University, will I be able to apply for new SEVIS then?
  
• What would be my visa status in the meanwhile?
  
• Can I apply for a University for Summer 2013 and get a new SEVIS? Would that affect my status or OPT Extension application in any way?
  
• Can I apply for H1 this year? Would I be eligible for CAP GAP if I apply before April 17th (which is 60 days following the expiration of my I20)? Would I be eligible for CAP GAP if I apply after April 17th?
  
• What would be the chances of my H1 application being approved if my OPT STEM Extension gets rejected?
  
• What would be my visa status after April 17th, till my OPT STEM Extension is accepted / rejected?
  
• Since I have received the I797C form, is my OPT STEM Extension application currently in 'Pending' status?
  
• In that case, can I start working till 180 days?
  

Hope you chip in valuable advice / suggestion.

Thanks a lot!

[ashakell]

Dude,

too many questions in one post,

1)there is nothing related to your opt ext and H1 status to work with.

2)Yes, you can work upto 180 days legally after you pre-completion opt expires and your Stem ext in is process unless and until its a denied case.

3)If you try to change to different school by then your opt Stem application withdraws automatically.

4)If you opt STEM gets denied and h1 gets denied, you will be out of status and have to leave the country after next 60 days and if you transfer to new university you need to cross the border for stamping with new I-20 (reinstatement) for F1 stamping.