I’ve been working on OPT that was extended based on the “cap-gap” rule because my employer filed an H1B petition for me. However, the petition has just been denied. Can I transfer to another program of study? How much time do I have?
20 Jul 2015Answer
Once the H1B petition is denied during the cap-gap period, and there are no USCIS findings of fraud / misrepresentation or F-1 status violations, you have 10 days of employment authorization and 60 days of a grace period in valid F-1 status. You must complete a transfer of your SEVIS record to another program before your status expires (i.e. by the end of the grace period). The new program should start at the next available term or semester, but no later than five months from the end of the OPT period. (17.Jul.2015)
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