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Chetan Chowdary

H1B Denied and CAP GAP also completed, Am I eligible for 60 days Grace period?

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Hi,

My CAP GAP expired Sep 30th, today my H1-B denied. so Am I eligible for 60 days grace period from denial of my H1?. I heard once H1 denied the sevis would go completed status? if i have acceptance letter from good university, can I transfer to new school? 

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No. The 60 day grace period is for people who ARE on H1 and got laid off.

You have a 30 day grace period based on the F1.

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JoeF,

I have seen in USCIS website that whose denied H1 while they are in F1 have 60 days grace period. below is the same uscis matter.

 

Denied H-1B Petitions

If an H-1B petition filed on behalf of an F-1 student covered by Cap-Gap is denied, rejected, revoked, or withdrawn, the student will have the standard 60-day grace period (from the date of the notification of the denial, rejection,  revocation, or withdrawal of the petition) to prepare for and depart the United States.

The 60-day grace period does not apply to an F-1 student whose accompanying change of status request is denied due to  a status violation, misrepresentation, or fraud. In such cases, the F-1 student is ineligible for Cap-Gap extension of status and the 60- day grace period. Similarly, the 60-day grace period and  Cap-Gap extension of status does not apply to  an F-1 student whose petition was revoked based on a finding of a status violation, fraud or misrepresentation discovered following approval. In both of these instances, students are required to immediately leave the United States.

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7 hours ago, Karn89 said:

Get enrolled for CPT from day1. Did you receive an RFE prior to the denial?

BAD idea. REALLY BAD idea.

No real university gives out CPT from day one.

ANd enrolling in a fraud university would just kill the future in the US.

 

Edited by JoeF

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9 hours ago, Karn89 said:

Get enrolled for CPT from day1. Did you receive an RFE prior to the denial?

That will kill his career. Please do not give that suggestion. Do you know why students got arrested and deported for working in CPT from day1? This is completely ILLEGAL, do not take that route.

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2 hours ago, Chetan Chowdary said:

JoeF,

I have seen in USCIS website that whose denied H1 while they are in F1 have 60 days grace period. below is the same uscis matter.

 

Denied H-1B Petitions

If an H-1B petition filed on behalf of an F-1 student covered by Cap-Gap is denied, rejected, revoked, or withdrawn, the student will have the standard 60-day grace period (from the date of the notification of the denial, rejection,  revocation, or withdrawal of the petition) to prepare for and depart the United States.

The 60-day grace period does not apply to an F-1 student whose accompanying change of status request is denied due to  a status violation, misrepresentation, or fraud. In such cases, the F-1 student is ineligible for Cap-Gap extension of status and the 60- day grace period. Similarly, the 60-day grace period and  Cap-Gap extension of status does not apply to  an F-1 student whose petition was revoked based on a finding of a status violation, fraud or misrepresentation discovered following approval. In both of these instances, students are required to immediately leave the United States.

Yeah, sorry, I got confused with the different grace periods for different statuses.

What I meant to say is that the H1 60 day grace period doesn't apply.

For some reason, I thought the F1 grace period is 30 days (my excuse: I posted after a long day at work...) It is in fact 60 days. That grace period applies.

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JoeF,

I have requested transfer my SEVIS from OLD school to new School. my Old school says as my H1 got denied, the SEVIS went completed status. he says he can't make any request foe active status. is that true? below is my school reply to my request. please suggest.

========================================

Hi Mallikarjun
 
We did receive your transfer out request today.    As explained yesterday your record will be in completed status  initiated by SEVIS  maintenance team as your H1b has been denied  on 10/11/2017 and opt has already ended on 5/08/2017.   There is no correction request I can make at this point.  I will need confirmation from your new school that they will accept your sevis record in completed status.  Please upload the confirmation in the transfer out request.. 
=======================================================================================================
 

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Yes, since the OPT expired, and cap-gap is over, the SEVIS status is supposed to be set to completed.

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On 10/12/2017 at 8:35 AM, JoeF said:

BAD idea. REALLY BAD idea.

No real university gives out CPT from day one.

ANd enrolling in a fraud university would just kill the future in the US.

 

@JoeF

Hi Joe, I understand your concern that these day -1 CPT universities are quite shady (honestly I am the one who declined this option), however, it seems many people are able to maintain their status by going that route. There are many who have taken admission in xxxxxxx University, xxxxxxx University etc, and got away without any hassle.

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35 minutes ago, Karn89 said:

@JoeF

Hi Joe, I understand your concern that these day -1 CPT universities are quite shady (honestly I am the one who declined this option), however, it seems many people are able to maintain their status by going that route. There are many who have taken admission in xxxxxxx University, xxxxxxx University etc, and got away without any hassle.

That's a myth. USCIS is cracking down on this stuff.

It nowadays kills the future of the person in the US.

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On 10/13/2017 at 10:38 AM, Karn89 said:

@JoeF

Hi Joe, I understand your concern that these day -1 CPT universities are quite shady (honestly I am the one who declined this option), however, it seems many people are able to maintain their status by going that route. There are many who have taken admission in xxxxxxx University, xxxxxxx University etc, and got away without any hassle.

For now. It will back fire one day for sure.

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