H1B approved OPT denied - Lawful residence in the US?

[danceaddict]

Hello,

 

I completed my degree in May 2015 but had my OPT was denied recently as "Form I-765 was not received by USCIS within the 30-day period since DSO entered my recommendation for OPT into Sevis record." 

 

My H1-B petition was approved on 07/06/2015 and is effective from Oct 1st,2015.

 

Below is a sequence of events pertaining to OPT application:

03/17/2015 - DSO recommendation/I-20 creation for OPT application

05/08/2015 – Program Completion/Graduation

05/15/2015 – OPT application I-765 received by USCIS (Nebraska Service Center)

07/07/2015 – SEVIS case completed (end of 60 day grace period since graduation)

07/31/2015 – OPT denied – Case status update online

08/04/2015 – Denial notice shipped

08/06/2015 – Denial notice received

 

I am looking for direction on the following issues pertaining to my case:

1.       Current legal status and eligibility to stay in the US between now and Oct 1^st

2.       If I have to depart the US, what would be a reasonable grace period such that it does not complicate my H1B visa stamping in India/re-entry into US?

 

I do not want to unlawfully stay in the US and I really appreciate any timely advice.

 

Thank you !!

[JoeF]

You have  60 day grace period. After that, you have to leave the country.

You have to get an H1 visa and you can enter with that visa up to 10 days before the H1 start date.

[danceaddict]

Hi JoeF, Thanks for your reply. 

Can you please confirm if the 60-day grace period is calculated since the graduation/program completion date or since the date my OPT was denied?

 

Appreciate your help.

Thanks