H1B Lottery Picked up - Work beyond STEM OPT Expiry

My employer filed premium H1B this year. I got an RFE on May 24th my employer will respond to USCIS by the end of this month or 1st week of Aug
Once My employer responds to USCIS. USCIS will take time to review my application at least 2 to 3 months meanwhile do I need to wait for a response until my stem opt(OCTOBER 4th 2019) expires or else do I need to join in the day 1 CPT college for Aug intake? Please let me know. I’m a very confused position.

My H1B was picked up in the lottery. How long can I work if didn’t get any responses from USCIS?
I knew that I could work until my STEM OPT expires. If in case I didn’t get any responses from USCIS after my stem opt expires can continue to work till 240 days?

Can you please suggest me on this matter. I’m confused now.

It depends on how your H1B was filed as COS or not. If you do not have STEM OPT extension beyond October 4th, you cannot work from that day…Day 1 CPT colleges are subject to so much of fraud, be careful so that you do not jeopardize your future H1B… Ask your employer to upgrade to premium processing and respond RFE soon so that yo don’t have to wait beyond Oct 4th.
You are not on H1B Extension to use the 240 days rule. So, you need to stop working…Use Premium Processing to get decision faster and work…

Thank you so much. Kumar, for detail explanation. I spoke with employer-based on RFE’s they said they would reply by Aug 19th(How long USCIS will take to respond my RFE)?. In the meantime, I will Join CPT college. It starts on Aug 14th.

If My H1b visa got approved, I could stop going to college right. Whenever I crossed the country, I need a visa again right. Will visa officer ask me any question why did you take CPT course and dropped of the Course?

Another question for suppose my H1-B visa got rejected. Am I eligible to apply h1b again next year? If so USCIS will ask why are you doing CPT masters again? Please let me know

Unless, it is premium processing, they can take their own time.
Yes, you would need to visa to re-enter. They may ask you, it is up to them.
You may apply for H1B lottery again next year, it should be fine. But, you need to go through lottery.
They may question your status, how well you have maintained status dor Change of Status approval.


If my h1b was approved, can I drop off the CPT program in the middle of the course? If I do like that when I go for visa stamping are they gonna ask me about the CPT program like why did you took the CPT classes and drop off in between of the course.

Can you please clarify me

You may, but you would need to discuss with your DSO and get proper exit. Dropping classes in middle will let you out of status from F1.

Well, they may or may not ask…but you need to be ready to answer, if they ask and convince them…

Again, many suggest Day 1 CPT as an option to keep you in status, but they come with a LOT of risk and can jeopardize your situation in future… F1 visa is for studying not working…you can only work on CPT after 2 semesters, that’s the general guideline… Read OPT vs CPT Differences


My H1B was approved the day before yesterday. I Joined the CPT course on August 14th. However, My H1B starting date is 10/1/2019. Can I drop off the classes right now If I do On which status I will be? Can you please let me know.

I’ve MY STEM OPT till 10/4/2019. However, I transfer SEVIS to another univ to join in the CPT course from August 14th. So I believe my stem opt was automatically canceled once I transference My SEVIS from old univ to new univ.

Check with your DSO, you may be out of status, if you drop classes mid way. Talk to an attorney, if you are not sure…