H1b deny grace period

[LuckyLoser]

All Attorney gurus ,

 

First of all thanks for helping us to pursue our american dreams . Appreciate if you can help me with my immigration issue .

 

My employer filed my H1 for this year  . I got my cap gap and my opt extended till sep 30 and i stopped working after that . I received RFE and its still pending .  

 

1) I know i cannot work post sep 30 and i am good with that . Can i legally stay after sept 30 with out working  ?

 

2) In case my h1 is denied do i have 60 days of grace period to apply COS .

 

3) Can i apply for COS to h4 in the grace period .

 

Thanks

Prat

[rahul412]

You can stay until your H1 is approved, but there is no grace period after H1 denial.

[LuckyLoser]

Rahul,

 

Thanks for your answer . My h1b got denied last week and we are planning to file COS to h4 and waiting for denial notice . Am i out of status the next day of my h1 denial ?  Dont i have grace period of 60 days after h1 denial as i was having f1 status  

[rahul412]

Rahul,

 

Thanks for your answer . My h1b got denied last week and we are planning to file COS to h4 and waiting for denial notice . Am i out of status the next day of my h1 denial ?  Dont i have grace period of 60 days after h1 denial as i was having f1 status  

You will have 60days after your OPT expiration date not after H1 denial date. File COS ASAP, currently you are out of status.

What was the RFE about ?

[jairichi]

Rahul,

 

Thanks for your answer . My h1b got denied last week and we are planning to file COS to h4 and waiting for denial notice . Am i out of status the next day of my h1 denial ?  Dont i have grace period of 60 days after h1 denial as i was having f1 status  

 

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

 

Denied H-1B Petitions

If USCIS denies, rejects, or revokes an H-1B petition filed on behalf of an F-1 student covered by the automatic cap-gap extension of status, the student will have the standard 60-day grace period (from the date of the notification of the denial, rejection, or revocation of the petition) before he or she is required to depart the United States.

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.

[LuckyLoser]

Rahul,

Rfe is about speciality occupation . We are still waiting for deneil notice .

Jarichi,

Thanks . As per the quote , i assume i have 60 days grace period which contradicts with rahul . My employer also states i have 60 days from rejection . I am planning to leave us on feb 3rd and come back on h4 .

Please let me know the right response

[jairichi]

Rahul,

Rfe is about speciality occupation . We are still waiting for deneil notice .

Jarichi,

Thanks . As per the quote , i assume i have 60 days grace period which contradicts with rahul . My employer also states i have 60 days from rejection . I am planning to leave us on feb 3rd and come back on h4 .

Please let me know the right response

That is correct.

[LuckyLoser]

That is correct.

That mean i have 60 day grace time ?

[rahul412]

Rahul,

Rfe is about speciality occupation . We are still waiting for deneil notice .

Jarichi,

Thanks . As per the quote , i assume i have 60 days grace period which contradicts with rahul . My employer also states i have 60 days from rejection . I am planning to leave us on feb 3rd and come back on h4 .

Please let me know the right response

If you are eligible for H4 then why not COS to H4?

[LuckyLoser]

If you are eligible for H4 then why not COS to H4?

 

 

We were waiting for denial notice to file COS and we did it on 18th Jan . In the mean while i am planning to go to India on vacation on Feb 3rd and have my h4 stamping on safer side .

[rahul412]

We were waiting for denial notice to file COS and we did it on 18th Jan . In the mean while i am planning to go to India on vacation on Feb 3rd and have my h4 stamping on safer side .

Good.

[LuckyLoser]

Good.

Rahul,

 

In DS160 should i mention i am out of status for 28 days fron jan 5th to feb 3rd or am i covered under 60 day grace period . Does it affect my stamping .Here are the dates of my case

 

Jan 5th - denial

received notice in mail on jan 18th

Filed COS to h4 on same day

Booked my flight to india for feb 3rd ( Feb 2nd is our first anniversary , thats the only reason i booked on feb 3rd )

 

Thanks

[jairichi]

Rahul,

 

In DS160 should i mention i am out of status for 28 days fron jan 5th to feb 3rd or am i covered under 60 day grace period . Does it affect my stamping .Here are the dates of my case

 

Jan 5th - denial

received notice in mail on jan 18th

Filed COS to h4 on same day

Booked my flight to india for feb 3rd ( Feb 2nd is our first anniversary , thats the only reason i booked on feb 3rd )

 

Thanks

Since a timely COS to H4 petition was filed you are considered under valid status in US. 

[LuckyLoser]

Since a timely COS to H4 petition was filed you are considered under valid status in US. 

 

Thanks jairichi . I called up SEVIS customer care and they said my SEVIS is still active and my grace period starts from day of h1 denial . So as my sevis is active , can i say NO for " Whether you accumulated illegal stay or out of status in US " question on ds 160 . 

[jairichi]

Thanks jairichi . I called up SEVIS customer care and they said my SEVIS is still active and my grace period starts from day of h1 denial . So as my sevis is active , can i say NO for " Whether you accumulated illegal stay or out of status in US " question on ds 160 . 

 

Yes, your answer is NO.