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.


Author: Adam Frank, Esquire

I am an immigration attorney with over 20 years of experience. I was graduated from Brandeis University undergrad in 1990 and then spent a year traveling around Central America. In 1991 I began attending the University of Baltimore School of Law and was graduated in 1994. I began working in Immigration Law in 1998 when I joined a small law firm and, in 2000 opened my own firm with my law partner Ed Leavy. Sadly, Ed passed away in 2011. I am still a partner in my own firm with my current partner Brendan Delaney. Our firm is Frank & Delaney Immigration Law, LLC.

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