Legal Question in Immigration Law in Pennsylvania

I am currently on my F1 visa and started my OPT on 7 Feb 2013 it will expire on 7 Feb 2014 . Since I have done masters in engineering , I am eligible for STEM Extension but my F1 visa expires on 3o Dec 2014. So can I apply for STEM Extension (which lasts upto 17 months) and when should I apply for my H1B visa (April 2014 or April 2015) Will there be any problem Since by then my visa will be expired.


Asked on 4/06/13, 2:19 pm

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

You can apply for the STEM extension, as long as the job is in the STEM field in which you qualify.

Your prospective H-1B employer should get the H-1B process started in early 2014, so that it can be filed on time. If the H-1B is approved, you could start working for the new company October 2014.

If you remain in valid OPT status, your F-1 is technically not considered "expired", since it is for "duration of status". I don't see any problems, other than getting your H-1B visa petition in on time (& chosen, if there is a lottery).

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Answered on 4/06/13, 4:16 pm


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