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H1b cap exempt RFE from OPT,
Hello,
I want to ask about my visa situation which I couldn't possibly make result by web researching
Here is my status
1. My F-1 post completion OPT was expired at Feb/16 (which means my grace period of OPT will expire at Apr/16)
2. My employer is non profit research center which is applicable for H1b cap exempt. (LCA was approved and no other issue needs to consider for company's status)
3. My file was under H1b cap exempt track with premium processing (which USCIS has to response within 15 days from their recieving)
4. USCIS file RFE at Feb/16 which due at May 5th.
5. My employer and his attorney are currently working on RFE matter to answer and it will file at least in this month(March)
So here is my question,
1. Suppose company file an answer for RFE at Mar/31 and USCIS give us a notice at around Apr/9, can I legally stay US until USCIS answer for RFE even if my OPT grace period expired?
2. Worst case scenario if my h1b application was rejected, am I granted for 60 days of H1b grace period which USCIS mentioned at cap-gap benefit?
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If an H-1B petition filed on behalf of an F-1 student covered by Cap-Gap is denied, rejected, revoked, or withdrawn, the student will have the standard 60-day grace period (from the date of the notification of the denial, rejection, revocation, or withdrawal of the petition) to prepare for and depart the United States.
The 60-day grace period does not apply to an F-1 student whose accompanying change of status request is denied due to a status violation, misrepresentation, or fraud. In such cases, the F-1 student is ineligible for Cap-Gap extension of status and the 60- day grace period. Similarly, the 60-day grace period and Cap-Gap extension of status does not apply to an F-1 student whose petition was revoked based on a finding of a status violation, fraud or misrepresentation discovered following approval. In both of these instances, students are required to immediately leave the United States.
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It looked clear that under cap-gap track, even though a person is in OPT grace period, that person should be granted for another grace period which related in H1b petition.
However, I couldn't find any explanation regarding Cap-exemption situation regarding grace period when H1b rejected.
3. If 2nd question's answer is yes, can I change status during grace period which was granted by H1b rejection?
I am planning to apply accounting classes at Community College near my house for my second option if my visa is rejected and needs any appealing process.
My question is, can I still apply to change my status during H1b grace period since my I-20 should be already expiring in that time. (I94 should be exactly same situation in this case since I94's status is D/S)
4. If 2nd question's answer is no, will I face instant illegal stay situation when USCIS' decision made after my OPT grace period?(Apr/16)
Thank you for your reading and I am looking forward to hear an answer from you guys.
Best,
I want to ask about my visa situation which I couldn't possibly make result by web researching
Here is my status
1. My F-1 post completion OPT was expired at Feb/16 (which means my grace period of OPT will expire at Apr/16)
2. My employer is non profit research center which is applicable for H1b cap exempt. (LCA was approved and no other issue needs to consider for company's status)
3. My file was under H1b cap exempt track with premium processing (which USCIS has to response within 15 days from their recieving)
4. USCIS file RFE at Feb/16 which due at May 5th.
5. My employer and his attorney are currently working on RFE matter to answer and it will file at least in this month(March)
So here is my question,
1. Suppose company file an answer for RFE at Mar/31 and USCIS give us a notice at around Apr/9, can I legally stay US until USCIS answer for RFE even if my OPT grace period expired?
2. Worst case scenario if my h1b application was rejected, am I granted for 60 days of H1b grace period which USCIS mentioned at cap-gap benefit?
------------------------------------------------------
If an H-1B petition filed on behalf of an F-1 student covered by Cap-Gap is denied, rejected, revoked, or withdrawn, the student will have the standard 60-day grace period (from the date of the notification of the denial, rejection, revocation, or withdrawal of the petition) to prepare for and depart the United States.
The 60-day grace period does not apply to an F-1 student whose accompanying change of status request is denied due to a status violation, misrepresentation, or fraud. In such cases, the F-1 student is ineligible for Cap-Gap extension of status and the 60- day grace period. Similarly, the 60-day grace period and Cap-Gap extension of status does not apply to an F-1 student whose petition was revoked based on a finding of a status violation, fraud or misrepresentation discovered following approval. In both of these instances, students are required to immediately leave the United States.
--------------------------------------------------------
It looked clear that under cap-gap track, even though a person is in OPT grace period, that person should be granted for another grace period which related in H1b petition.
However, I couldn't find any explanation regarding Cap-exemption situation regarding grace period when H1b rejected.
3. If 2nd question's answer is yes, can I change status during grace period which was granted by H1b rejection?
I am planning to apply accounting classes at Community College near my house for my second option if my visa is rejected and needs any appealing process.
My question is, can I still apply to change my status during H1b grace period since my I-20 should be already expiring in that time. (I94 should be exactly same situation in this case since I94's status is D/S)
4. If 2nd question's answer is no, will I face instant illegal stay situation when USCIS' decision made after my OPT grace period?(Apr/16)
Thank you for your reading and I am looking forward to hear an answer from you guys.
Best,
