OPT denied, H1b approved

[ytrewq]

I received by H1b approval on August 5th and OPT denial on Sep 15th. 

Reason for denial was this was my second Master's degree. Both the universities were state universities.

 

I received the denial letter today. I called USCIS to ask what my options are. They asked me to go to the USCIS's field office and check with them. The officer checked my denial letter and the H1b approval and said you are fine. I specifically asked him if I am out of status, he said no. Your change of status has been approved but I can't work till October 1st. 

 

My questions are:

1. Do I qualify for cap-gap extension? If yes, what should I do? 
2. Will this period between Aug 15 and Oct 1 be considered out of status when I go for my H1b stamping? Do I get a grace period starting August 15th? The letter doesn't say so.
3. I asked the officer at the field office for a document confirming what the officer said. He said there is no need for such a letter. Should I check with a lawyer?

Thanks.

 

 

[rahul412]

Sept 15th, I guess its Aug 15th. I think you should be eligible for cap gap.

What's the reason for OPT rejection?

[anilbeereddy]

1. No you cannot have a cap-gap. In order to be eligible for cap-gap extension you need to have an approved OPT which you don't have in your case.

2. This period would be considered as grace period.

3. If possible try to get some proof to justify that you visited the field office in this regard.