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I am currently on the first year of F-1 OPT, and I just got selected by the 2025 H-1B Visa lottery. However, my first-year OPT ends at June 19, 2024 (as shown on my current i-20), and I am still waiting for my new i-20/EAD with STEM-OPT Extension. AFAIK it could take another 1~2 months until I receive the physical EAD card.

My question is: For the H-1B petition documents, do I need to include STEM-OPT i-20 and EAD, or my first-year OPT i-20 and EAD is enough?

It might cause a delay to wait for the new STEM-OPT i-20/EAD. And, I can't find any information about the deadline for submitting the H1-B petition documents. (Only thing I know is April 1rt is the earliest submission date.) My plan is to work on STEM OPT instead of H-1B Cap-Gap before I receive the H-1B visa after the first-year OPT ends. I think relying on H1-B Cap Gap is risky as it might harm my immigrate status if I can't get my H-1B before the end of September.

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  • What are the company lawyers say? It's not really up to you, you're not the one applying.
    – littleadv
    Commented Apr 3 at 4:00
  • I'm waiting the response from them (the lawyer team our company hired). The problem is I've already hand over my documents two days ago, and I'm afraid that they will just submit the documents that I've gave them without double checking carefully enough. I have this concern because they've forgot to ask for my previous i-20s which are required AFAIK.
    – SyndRain
    Commented Apr 3 at 14:25
  • Turns out the STEM OPT i-20 is not required as long as I'm not working on the new EAD card at the time I submitted the H-1B petition.
    – SyndRain
    Commented Apr 17 at 16:20

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