Remember: Cap-Gap Extension continues until Rejection Notice Received

For those of you who filed for an H-1B while on OPT, you may be wondering what happens if your case was not selected.  USCIS has stated that, upon their receiving the H-1B case, you can remain in the US and your work authorization is extended, but, as of this point, over one month after your case was filed, you still do not know if your case was accepted or not.  Can you keep working? When do you need to stop working?

According to USCIS (See Here), your Cap-Gap extension continues UNTIL you receive the rejection notice.  Once you receive the rejection notice you will have the standard 60 day grace period allotted to all F-1 students.   The 60 day grace period starts from the date of rejection NOT the date you received the notice.

If you have any further questions, please let us know.  Please remember, as always, this blog does not offer legal advice. If you need legal advice, consult with a lawyer instead of a blog. Thank you.

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