On Cap-Gap - H1B Visa Pending - working after September 30?


#1

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

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  • 60 Days Grace Period applies of H1B is Denied, Evoked and Withdrawn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.