WHEN TO APPLY H1B VISA for 2013. My stem extension expires in june 2013

Hi All,

I completed my masters in computer science from Texas A&M University and i am currently on OPT STEM EXTENSION. My STEM EXTENSION is going to expire on JUNE 2013.

When should i apply for H1B visa ?? I am with a desi consultancy. Can i apply for H1B visa in this year(2012) or shall i have to wait unitl April 2013 ???

Please give your valuable suggestions. I am confused with this.

The quota for this year was filled as on June 11. Hence you can’t apply this year.

You can file your H1b petition for next year starting April 1st and definitely need to apply before your OPT expiry(June) if you want to continue working till Oct on Cap-Gap extension.

Vicky, Thanks for your reply!! If i apply H1b petition on April 1 2013, and if my application is received by uscis and if there is any problem with my application then can i stay and work here legally until Oct 2013 ??

Thanks for your time bro!!

You can continue to work till Oct 1 or till adjudication of your petition whichever is earlier or in other terms

  1. If your petition is approved you can continue to work till Oct 1 on Cap Gap and move to H1b on Oct 1
  2. But if your petition is rejected you will have the standard 60 day period to leave the country from the date of rejection or appeal the same