STEM OPT Cap-Gap and H-1B Withdrawal
Question details
What happens if an employer makes an error in the wage level on an approved H-1B petition and needs to withdraw it?
FAQ Transcript
If an employer withdraws an H-1B petition filed as a Change of Status (COS), any cap-gap protection for STEM OPT ends on October 1st. To avoid an immediate loss of legal status, an employee can request that the employer delay withdrawal slightly and process at least one paycheck after October 1st. This officially admits the employee into H-1B status, providing a 60-day grace period to find a new employer rather than falling out of status immediately.
