F1 OPT, Selected in second round of H1-B Lottery. Advise needed on my situation.

[vaibhav2510]

Hello,
I am currently on F1 visa - post completion OPT Status, expiration Date: December 10,2023. Eligible to apply for STEM OPT extension before 90 days i.e., September 10,2023. At the moment my H1b registration is selected in second lottery round and i am yet to file the petition. (note: NO multiple H1B registrations filed).

Considering my scenario:
1. Will there be any impact if I file my H1b petition and also apply for STEM extension? (As the filing period would overlap)
2. What would be the start date of H1b status for the second lottery, considering the petition is filed in august/September with regular processing?
3. What will be the STEM extension status, if the h1b petition is approved? (Will it be deemed invalid and we shall moved to H1b status?)
4. Is there a possibility of using the STEM extension period and then start the H1B status on the approved petition? Having said this, what would be best suitable with no/ minimal risk to avoid 221g in Visa Interview at consulate. (Note: I'll be qualify for drobox if the program still exists then.)

Looking forward to hear back!

Thanks,
Vaibhav

 

[bella34]

Hello,
I am currently on F1 visa - post completion OPT Status, expiration Date: December 10,2023. Eligible to apply for STEM OPT extension before 90 days i.e., September 10,2023. At the moment my H1b registration is selected in second lottery round and i am yet to file the petition. (note: NO multiple H1B registrations filed).

Considering my scenario:
1. Will there be any impact if I file my H1b petition and also apply for STEM extension? (As the filing period would overlap)
2. What would be the start date of H1b status for the second lottery, considering the petition is filed in august/September with regular processing?
3. What will be the STEM extension status, if the h1b petition is approved? (Will it be deemed invalid and we shall moved to H1b status?)
4. Is there a possibility of using the STEM extension period and then start the H1B status on the approved petition? Having said this, what would be best suitable with no/ minimal risk to avoid 221g in Visa Interview at consulate. (Note: I'll be qualify for drobox if the program still exists then.)

Looking forward to hear back!

Thanks,
Vaibhav

Will there be any impact if I file my H1B petition and also apply for STEM extension? (As the filing period would overlap)

Filing an H1B petition and applying for a STEM OPT extension concurrently can sometimes cause complications in your SEVIS record [1]. It is generally recommended to apply for the STEM OPT extension before your OPT EAD expires, even if you have received an H1B Cap Gap Extension of your I-20 until September 30.
What would be the start date of H1B status for the second lottery, considering the petition is filed in August/September with regular processing?

The start date of your H1B status would depend on the USCIS processing time and the specific details of your case. Generally, H1B petitions filed with regular processing have a start date of October 1st of the fiscal year for which the petition was selected.
What will be the STEM extension status if the H1B petition is approved? (Will it be deemed invalid, and will we move to H1B status?)

If your H1B petition is approved, your status will change from F1 OPT to H1B status on the effective date of the H1B approval. This means that your STEM OPT extension would no longer be valid, as you would be in H1B status.
Is there a possibility of using the STEM extension period and then starting the H1B status on the approved petition? What would be the best suitable option with no/minimal risk to avoid 221g in the Visa Interview at the consulate?

It is generally not possible to use the STEM extension period and then start the H1B status on the approved petition. Once your H1B petition is approved, you would need to transition to H1B status and stop working under the STEM OPT extension [2]. To minimize the risk of any issues during the visa interview, it is recommended to consult with an immigration attorney who can provide guidance based on your specific circumstances.