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Background: I am currently on F1 visa, Indian Passport and…

Background: I am currently on...
Background: I am currently on F1 visa, Indian Passport and have a Master’s degree in Urban Design, and on my first 12 months of F1 OPT which expires on Aug 28, 2018. My current employer is filing for my H1B this April 1, 2018, via premium processing. I am also eligible for STEM extension and I believe the earliest I can apply for it is 3 months before my OPT expiration date.I am actively looking for a new job in a different city as I am getting married in July and would like to move to the city where my fiancé is, my fiancé in on a H1B visa and has an approved I-140.Current Scenario: Since I am looking for a new job and at the same time applying for my H1B, I would like to clarify some doubts I have about how it would affect my Visa.1. If I do not get my H1B application picked in the lottery, am I still allowed going ahead and apply for my STEM extension?2. If I get a job after the H1B application and I decide I do NOT want to go the H1B route after April 1st, is it possible for my employer to pull back the application in case I get an RFE? Or midway through premium processing?3. MAIN QUESTION: Requesting elaborate reply: In the case that I get my H1B approved before the end of April via premium processing, and I get a new job after approval.A) Will I still be eligible for my STEM extension that I can apply for from May 28, 2018 at the earliest?
B) Will me being approved for H1B affect my application for extension of STEM?
C) Can my employer still pull back the approved application at this stage and can I go ahead with applying for a STEM extension?4. If I am willing to switch jobs in May 2018 after H1B approval, but retain my H1B status and my new employer is willing to transfer my H1B ? How will that work and how can I do it before October 1? Or should I switch only after October 1st 2018, in order to have my H1B status?5. Also I am aware that I can apply for STEM extension 3 months before the end of my first 12 month OPT. I would like to know if the last date to send the application for STEM Extension would be the expiry date of my current 12 month OPT which would be Aug 28, 2018?6. I would like to be on my independent visa to mitigate risk on being on the same visa as my fiancé. I know there is a lot of debate around this. I am getting married on July 1 and if I was to get my H4 Visa and consequently apply for my H4 EAD, How would I do it in the quickest way?7. Given the current scenario will H4 EAD be available until mid or end of July 2018?
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Answered in 2 hours by:
3/18/2018
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,301
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Hello and welcome back. Please remember to use FOR GUILLERMO in the subject line and message box so that no one else grabs the question and I can become your personal immigration consultant.

Wow, lots of questions. I hope you remember the bonus button! Let's go one by one:

1) Yes.

2) Yes, but it has to happen before October 1, 2018.

3)

A) Yes. Take a look at these links:

https://studyinthestates.dhs.gov/h-1b-status-and-the-cap-gap-extension

https://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/extension-post-completion-optional-practical-training-opt-and-f-1-status-eligible-students-under-h-1b-cap-gap-regulations

B) It should automatically be extended as per above links.

C) Yes.

4) That will not work. You cannot transfer an H-1B status that you do not have yet. You have to wait until after October 1, 2018, go to work for that petitioning employer to be counted against the H-1B cap, and then after that, a new employer can file an H-1B transfer for you.

5) Yes but I would not wait until that last date. Do not wait until the last minute to file.

6) Unfortunately, there is no Premium Processing for H-4 or EAD, so there really is no "quick" way unless you have a legitimate emergency or extreme urgency.

7) Unknown. Proceed as if it will be. It is hard to make the majority of the U.S. Congress to do anything.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

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Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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Thank you for your kindness and respect. Good luck to you.

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Customer reply replied 3 months ago
Hello Guillermo,
Thank you for your answers. I could not respond to you immediately as I was trying to fully comprehend all your replies.
My follow-up question to you is as follows:
Are there any implications for traveling of the country for my wedding during ""June"" AFTER I file for my STEM Extension in ''"May""? Or should I wait until end of ""July"" until I get back? My current OPT expires Aug 28.

Travel in never recommended, especially with this administration, but technically you can travel and come back on your unexpired visa even while the OPT extension is pending.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,301
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
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