H1B denied but doubtful about 60 day grace period in my case

[sunny38]

Hi,

 

My H1B is denied on Jul, 3, 2014. I was on F1 cap gap extension and they asked me to submit the proof of work for the March, 2014 but they denied my change of status with below explanation. I thought I have 60-day grace period but I saw following statement from USCIS statement mentioning that  if visa is denied based on discovery of a status violation, I will not be eligible for grace period.

 

Could anyone please comment if I need to leave US as early as possible or I am eligible for 60 day grace period. Since I have interview with non-profit on Monday and there is a chance for me to file my H1B through them.

 

 

Denial Notice

 

Also, the portion of the petition requesting a change of status for the alien is now being denied as the nonimmigration visa filed on the alien's behalf has been denied, and also for the following reason:

 

Title 8, Code of Federal Regulations, 248.1 (a) provides that only an alien who continues to maintain nonimmigrant status may apply for a change of status

 

As discussed above, you did not provided evidence documenting the beneficiary's OPT employment immediately prior to the filing of the instant petition. The evidence does not demonstrate that the beneficiary was continuing to maintain his F-1 nonimmigrant status at the time you filed this petition.

 

Therefore, the portion of the petition requesting a change of the beneficiary's status is denied.

 

Excerpt from USCIS website

 

For denied cases the 60-day grace period does not apply to an F-1 student whose accompanying change of status request is denied due to the discovery of a status violation, misrepresentation, or fraud.  The student in this situation is not eligible for the automatic cap-gap extension of status or the 60-day grace period.  Similarly, the 60-day grace period and automatic cap-gap extension of status would not apply to the case of a student whose petition was revoked based on a finding of a status violation, fraud or misrepresentation discovered following approval.  In both of these instances, the student would be required to leave the United States immediately.

 

Thanks,

Sundeep

 

 

[anilbeereddy]

I might be wrong as this is just based on my knowledge. I would suggest taking a feedback from an attorney.

 

You would be eligible for cap gap only if your H1b is approved or in Process. But as your case has been denied you would not be eligible for the Cap Gap and you are suppose to stop working immediately and are not eligible for 60days grace period.