On Cap-Gap – After September 30, How Long Can I Stay While H1B is Pending?

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Hi everyone ! My H1B was picked this year and I received a RFE. Response was replied last week of September. I am on OPT Cap Gap right now. How many days can I legally stay in the USA? Will I be out of status after September 30? Can I stay in the USA until H1B decision?

Stay in the US on Cap Gap After September 30:

OPT cap-gap extension is only until September 30.

If the H-1B petition is pending beyond October 1, you can remain in the U.S. based on the pending change of status petition.

However, you must stop working until the H1B petition is approved.

And, you will have a 60-day grace period from the date of the H-1B notification of the denial, rejection, or revocation.

Answers from the Community

 

h1b pending opt cap gap after september 30

The Bottomline:

  • Stop working after Sep 30th
  • Wait until H1B decision from USCIS
  • 60 Days Grace Period applies of H1B is Denied, Evoked and Withdrawn
  • Start working after H1B Approval (and after the date mentioned on the Approval Notice)
  • Check if Approval Notice has I-94 attached to it, else Consular Processing is Required.

 

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