I am currently working in F-1 status on STEM OPT that will expire in late May. My employer filed my H1B petition for the start date of October 1st with a request for change of status to H1B for me. …

… If my petition is denied, will I still be able to transfer to another program to continue in F-1 status?

Answer

You should be eligible for the cap-gap benefit extending your F-1 status with employment authorization beyond the expiration of your STEM OPT and until September 30th as long as your H1B petition is still pending or approved. If your H1B petition is denied or withdrawn prior to September 30th, you will have 10 additional days of employment authorization followed by a 60-day grace period during which you can transfer your SEVIS record to another program of study.

If your H1B petition is denied with a finding of F-1 status violation, your cap-gap period will end and you will start accruing unlawful presence. In such a case, you will either need to apply for reinstatement based on a new course of study or reenter the U.S. with a new I-20 for initial attendance. (28.Apr.2017)

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