Here is more on the regulation.....

• The regulation sets forth periods of OPT at 3 categories depending on the alien's H-1B petition status and the alien's field of study.
• 1st category: 12-month for regular OPT that applies to all the F-1 students regardless of their field of study and regardless of their application for change of status to H-1B
• 2nd category: 17-month additional OPT only for students of STEM majors which are available regardless of their application for change of status to H-1B
• 3rd category: Additional period of so-called "cap gap" through October 1 which is granted to any OPT students regardless of their major field of study but only conditioned upon their filing, selection, and approval of H-1B cap petition.
• Accordingly, this new rule may turn out to be very harsh to those non-STEM students who fail to file the H-1B cap petition by TODAY (Monday, April 7, 2008) since the gap cap benefit will not be available for them and there will be no additional period of OPT extension beyond one year, practically shutting them out of the H-1B cap participation even in FY 2010.

Contrasted to these non-STEM students, the STEM students will have another H-1B cap filing opportunity in FY 2010 even if they fail in this year's H-1B cap lottery due to the 17-month extension under the new rule, provided that the employer will agree to use e-verify system.

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