OPT extension

[hidasri]

I am currently on a 12 month OPT, which expires on Jan 1, 2014. I applied for a STEM extension on Sep 13 and the decision is still pending. I am worried as to what would happen in case my STEM extension gets rejected. I have a PhD degree in Electrical engineering. I am considering the following two options below and I need clarification if they could be pursued.

 

Lets say my STEM extension gets rejected and I get to know it by the end of November. So, essentially I would have one more month before my current OPT expires. I would like to know if I could get an academic position (like postdoc or lecturer) in a university within this one month and apply for a academic H1. If I do that, is it necessary that I get my academic H1 approved before Jan 1, 2014 (expiry date of my current OPT) or is it enough if I just apply?

 

The following is the second option. I know that I have 60 days grace period. Can I search for an academic position in those 60 days and apply for an academic H1? Is it necessary that I get my academic H1 approved before the 60 days grace period or is it enough if I just apply?

 

Some clarification will be much appreciated. Thank you.

[jairichi]

 

I am currently on a 12 month OPT, which expires on Jan 1, 2014. I applied for a STEM extension on Sep 13 and the decision is still pending. I am worried as to what would happen in case my STEM extension gets rejected. I have a PhD degree in Electrical engineering. I am considering the following two options below and I need clarification if they could be pursued.

 

Lets say my STEM extension gets rejected and I get to know it by the end of November. So, essentially I would have one more month before my current OPT expires. I would like to know if I could get an academic position (like postdoc or lecturer) in a university within this one month and apply for a academic H1. If I do that, is it necessary that I get my academic H1 approved before Jan 1, 2014 (expiry date of my current OPT) or is it enough if I just apply?

 

The following is the second option. I know that I have 60 days grace period. Can I search for an academic position in those 60 days and apply for an academic H1? Is it necessary that I get my academic H1 approved before the 60 days grace period or is it enough if I just apply?

 

Some clarification will be much appreciated. Thank you.

 

As long as a H1B petition is filed and a decision is pending from USCIS you are on legal status in US.

[livliv]

You have 60 days after end of OPT to stay in the US. As long as petition is filed (receipt date) within that 60 day period, you should be good to stay in the US. You will of course have to wait until the H1 is approved to begin working.