OPT stem extension or H1-B Cap-Gap

Post-OPT expires May 31, 2016

Currently working at Company A (not e-verified). They are filing my H1-B under Cap-Exempt, Cap-Gap via Premium Processing.

Applying for STEM extension through Company B with start date June 1, 2016.


If my H1-B gets picked up in the lottery and gets approved before my Post-OPT expires on May 31,

Can I continue working for Company A under Cap-Gap? OR Do I need to change my employer come June 1, 2016 because of STEM extension?

Why don’t you withdraw your OPT extension in case H-1 gets picked-up and approved? As it is PP, you should know the result by mid-May

@saurabh I don’t think I can withdraw extension if already approved.

I applied for STEM through company B with Start date as June 1,2016 . The chances of my STEM getting approved for new employer before H1-B is picked & approved is very high.

You will not be in cap-gap but in OPT extension. Cap-gap is given only when your OPT has expired, which in your case is not true. So you have to work for an e-verified employer once OPT extension is approved.

@Saurabh If my H1B gets approved before STEM extension. Will I then be eligible for Cap-Gap then with Company A.

I greatly appreciate your prompt response!

I am not 100% sure. You have to check w/ your DSO about it.