STEM Extension

[thakar 0]

Situation:

I am current MS EE student in California.

I am doing internship on Post OPT and also working toward my MS final projec. Technically, I'll finished all my course work by Dec 2012.

OPT Expire on: 03/02/2013

Due to some unforeseen circumstances, I went to India in August and skip the Deadline to submit Award of Graduate Application for Dec 2012, so university will confer the degree in May 2013 instead of Dec 2012.

Now situation is that, when I need to apply for STEM Extension after Macrh 2, 2013 which is OPT Expiration date, I am not able to provide my degree till May 2013, but technically I already met my graduation requirement by Dec 2012. So at the time of STEM application, I can only provide my transcript along with the department letter that I have finished all my graduation course work.

So now my concern is

- can I apply for STEM Extension with my transcript along with the department letter that I have finished all my graduation course work and will receive the graduation certificate in May 2013.

What I have tried till Now:

- I have called to NCSC and talk with 2 nd level cust. care service and she said, according to USCIS to be eligible for STEM, student should conferred the degree but as you receiving your Graduation in May 2012, you may try with the application, but I can not say you will receive the STEM, it will be case by case basis.

I have also asked her, Can I return my EAD and recapture the remaining time frame later on, she told that, you can return the benefits (EAD) but not sure you can use that later on or not. I have also made infopass appointment for Nov 19, 2012. but it would be great if anybody have idea for it.

Also in case of my employer, suppose if they apply my H-1B, then will I be eligible for cap-gap until my H1B start date ?

because my OPT expiration date is March 2, 2013 after that within in the date of my H1B approval, will I be eligible for cap gap ?

I appreciate advice and suggestion to come out from this situation.

[thakar 0]

Please advice me, if any body have idea about this situation....