I was working on OPT when my employer filed my H1B petition. That petition was still pending when my OPT EAD expired, but I continued working …

… based on the cap gap extension of F-1 status with employment authorization. Unfortunately, my H1B has just been denied because of the lack of evidence of control of the employee by the employer. How does this denial of the H1B petition affect my F-1 status?

Answer

Because your employer’s H1B petition was denied when you were in the cap gap period, your employment authorization ends 10 days after the date of the denial followed by the 60-day grace period which extends your F-1 status without employment authorization. Prior to the expiration of your grace period, you have to leave the U.S., transfer to another program of study or school, or change status. (13.Jun.2014)

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