Not sure what to do- please advise!

[H1bfirsttimer]

HI , 

My H1b was picked up in the lottery and I got an RFE which was responded back and they received it on Aug 21. There's been no update on that yet.

My F1 OPT expired on Aug 21, but I had applied for a CAP GAP extension from my university which is valid till September 30th. Now, if I don't hear back an approval or denial within these 3 days ( today is Sept 27) , my cap gap extension will expire.

Does my 60 day grace period begin on October 1st (after my CAP GAP extension ends) or did it begin on August 21st(original OPT end date)?

My attorney says, because your H1b application is in pending status( technically on USCIS its on RFE received status) :  in case you are approved- all's well. In case your H1b is denied- you have 60 days from the day of denial to leave the USA. Is that correct?  

I am planning to get a COS to H4 if my H1b application is denied. When can I file for COS in such a scenario? I mean what does the time line look like? 

Any help is appreciated!

[Chai]

Your attorney is right. You can keep working when application is pending with RFE. If it gets denied; stop working the same day. Your grace period will kick in from the next day of employment cessation and would last 60-days OR validity of your I-20, whichever is shorter. 

COS can be applied within this grace period. 

 

[JoeF]

Since cap-gap ends on Sept. 30, you ha e to stop working then, and you can only start again when the H1 is approved. You are legal to stay while the H1 is pending, but you can not work after Sept. 30 until the H1 is approved.

[H1bfirsttimer]

Got my Approval letter after the long wait of RFE on September 29th! No gap in employment and that's a big relief! Thanks for all your answers!