Safe to apply for STEM-OPT during H1-B Cap-Gap

Intel
witty_woos

Intel

PRE
Panasonic Avionics
witty_woosmore
Apr 9 12 Comments

My company filed my H1-B this year. My initial OPT expires in June. My company’s law firm is not ready to apply for my STEM-OPT now. They want to wait till my H1-B application is rejected by June or picked by then.

In case my H1-B is picked, they wouldn’t apply for STEM-OPT. I fear that in case my H1-B isn’t approved quickly then, is it okay to apply for STEM-OPT after my initial OPT expires, i.e., during H1-B cap gap period.

What should I tell my law firm about this. I feel I’m strangling to risk my visa status here.

Your inputs are appreciated 🙂

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TOP 12 Comments
  • Oracle / R&D
    stupidd

    Oracle R&D

    PRE
    Walmart
    stupiddmore
    Last year, my H1B got picked but got rejected eventually. Luckily, I have my stem opt filed before they picked up my h1b. So no further damages. Finger crossed for this year.
    Apr 9 6
    • Oracle / R&D
      stupidd

      Oracle R&D

      PRE
      Walmart
      stupiddmore
      Nope, my stem files was mailed out by the end of April, before I was noticed USCIS picked up my h1b petition early May. But my stem opt was approved in mid July and that is after I got RFE and rejected in mid June. OPT and H1b are totally separate stuffs, also you are paying the opt application fee yourself. Go talk to you manager, get his/her signature, and the rest you can manage it yourself easily. You don't have to deal with those nonsense Paralegal crap on this issue if they don't want to cooperate.
      Apr 9
    • Intel
      witty_woos

      Intel

      PRE
      Panasonic Avionics
      witty_woosmore
      OP
      That’s really helpful, my company actually pays for all this ...But I’ll check again with them and see if u can go ahead myself or not.
      Apr 9
    • Intel Pioneer82
      Better to not trust Fragomen folks blindly as they have screwed up some cases. In the end if you are not proactive you are the loser and Fragomen and Intel have nothing to lose.
      Apr 13
    • Intel
      witty_woos

      Intel

      PRE
      Panasonic Avionics
      witty_woosmore
      OP
      What is the best thing I can do then...Because Fragomen is saying that they will wait to see if my H1-B is picked, and in case it is, they won’t apply for STEM unless they hear on H1-B for as long as possible...
      Apr 14
    • GE / Design
      cfQx34

      GE Design

      BIO
      Upcoming full-time UX Professional
      cfQx34more
      Shit my guys are with Fragomen.
      Apr 15
  • Cloudera NWwG24
    As far as i know, stem opt does not require a law firm to file. You can always file it yourself, which I did back in 2015
    Apr 9 0
  • Cisco KdrT11
    STEM OPT application is something you do yourself. Why is your company’s law firm telling you what to do? Just work with your university int’l office and get a new I20 and apply yourself.
    Not applying is a definite risk because of lottery and increasing % of H1-B rejections.
    Apr 9 1
    • Intel
      crunch-

      Intel

      PRE
      Panasonic Avionics
      crunch-more
      I think we need Manager’s signature for stem opt docs and without Fragomen initiating the case, Intel Managers won’t do much
      Apr 15
  • GE / Design
    cfQx34

    GE Design

    BIO
    Upcoming full-time UX Professional
    cfQx34more
    I’m with fragomen too and got similar response. Really pissed atm.
    Apr 15 0
  • Intel
    crunch-

    Intel

    PRE
    Panasonic Avionics
    crunch-more
    Looks like Fragomen is kind of saving money for intel by risking your career. Remember, it’s just going to be a mere case for fragomen if they lose one in thousands but for you it’s your entire career...I’ll suggest see talking o the HR if you aren’t convinced with Fragomen
    Apr 15 0