What if H1B petition is still pending after October 1st cap gap OPT?
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What if H1B petition is still pending after October 1st cap gap OPT?
If the H-1B petition is pending beyond October 1, you can remain in the U.S. based on the pending change of status petition. However, you must stop working until the H-1B petition is approved.
Does USCIS reject OPT extension?
Normally, if your OPT/STEM OPT Extension is rejected, you must file a completely new application withUSCIS. If the application is rejected after your filing deadline (the end of the 60-day grace period for OPT; end of the OPT EAD for STEM OPT) refiling would normally be denied.
How long does USCIS take to process OPT extension?
about 90-120 days
Processing times vary greatly, but you should expect USCIS to take about 90-120 days to approve your STEM OPT Extension application.
What happens if my H-1B is denied?
If your H1B transfer is denied, you will have a grace period to find alternative employment or transfer to another visa status. Once your transfer is denied, you can remain in the U.S. until the departure date listed on your I-94 arrival/departure card.
How many days can I stay after H-1B expires?
Check Whether You Were Granted a Ten-Day Grace Period You can enter the U.S. up to ten days before your job is to start, and you can remain for up to ten days after your job ends.
How do I know if my OPT is approved?
USCIS will mail you a receipt notice (I-797C) with your OPT application case status number. You can track your case status at www.uscis.gov. Request a tracking number when you mail your OPT application to USCIS. Track the package delivery and save the delivery confirmation with a copy of your OPT application packet.
Can I start working with H1B receipt?
Q. Can I start working for my employer if I only have an H-1B transfer receipt and the petition has not been approved yet? Yes. As long as certain requirements are met, you may begin working at your new H-1B job before receiving approval as long as you have gotten a receipt that the USCIS has received your petition.
Can H1B extension be denied without RFE?
The new policy memo from 2018 states that USCIS adjudicator has full discretion to deny a petition without issuing RFE/ NOID for a petition. USCIS adjudicator can deny any new petition filed, when initial required evidence/documents for the petition/ case are missing or does not establish eligibility.
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