I was working as an F-1 student on cap-gap OPT based on a pending H1B petition filed by my employer. My cap-gap employment authorization ended Sep 30th, but my H1B petition was still pending. …

… The USCIS denied my H1B petition in late October and I immediately tried to transfer my SEVIS record to another program of study to maintain F-1 status. My DSO said that my record was completed and I had to leave the U.S. Was she right?

Answer

Under the regulations, you should be entitled to a 60-day grace period following the end of your cap-gap employment authorization on September 30th, which you can use to prepare for departure or transfer your SEVIS record to another program of study. However, we have been receiving reports about students being unable to transfer to another program because their SEVIS record shows completed status and the government refuses to put it back in active status for the duration of the grace period. Unfortunately, this is a common problem and, until it gets resolved on a general policy level, you would either have to leave the U.S. or apply for reinstatement to F-1 status based on admission to a new program of study. (01.Dec.2017)

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