arcticmonk Posted September 10, 2015 Report Posted September 10, 2015 Hello, My EAD expired in July and I am under cap-gap. I lost my job in august and I have an approved H1 petition that was filed by my former employer. I have applied for several positions but yet to hear and in the mean time I am wondering how much time I have to find new employment. Can I still apply for STEM extension now? i.e before oct 1 2015 Do I need to withdraw H1 to apply for STEM? how does it work for a person who is under cap gap? Will the employer revoke the existing H1? What if I dont have an employer file h1 transfer as of oct 1 2015 and then maybe I get one on Oct 5? Will USCIS check everything? what are the drawbacks? What are my safe options to legally stay in the country?
jairichi Posted September 10, 2015 Report Posted September 10, 2015 Employer by law would have to revoke H1B petition when they do not have that job for you. For H1B you will need to go under cap again as you will be considered not counted against the cap. You can file for STEM extension. Talk to your DSO and a good attorney.
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