Grace Period after H-1B denial


Hari Krishna

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Posted

My H-1B was denied on Oct 2, 2017 and my Cap-Gap ended on Sep 30. On your website, in one of the article from 2015 you have mentioned that there is no grace period if H-1B was denied. https://www.murthy.com/2015/12/14/but-i-read-it-on-the-internet-the-myth-of-the-grace-period/

But, on USCIS website I have read that there will be a standard 60 day grace period if H-1B was denied, revoked, rejected, or withdrawn. https://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/extension-post-completion-optional-practical-training-opt-and-f-1-status-eligible-students-under-h-1b-cap-gap-regulations

Please help me understand whether I have a 60 grace period in my situation.

Posted

Hari,

The article you point to was posted in 2015. At that time, there was no grace period for H1B workers. The rules regarding grace periods were created in 2016, and did not go into effect until January 2017. As we note at the bottom of each article, "The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date."

The articles you should review related to grace periods are available here:

Overview of Final Regulation for High Skilled Workers

Grace Period for Nonimmigrant Workers Following Loss of Employment

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