Student's H-1B Petition and Qualification for 60 Day Grace Period
I am a F-1 student and eligible for an automatic cap-gap extension of status and employment authorization, because of my H-1B petition by my new employer. If my H-1B petition is subsequently denied, am I still allowed the 60-day grace period before departing the United States?
If USCIS denies an H-1B petition filed on behalf of an F-1 student covered by the automatic cap-gap extension of status, the student will have the standard 60-day grace period (from the date of the notification of the denial, rejection, or revocation of the petition) before he or she is required to depart the United States.
For denied cases, it should be noted that the 60-day grace period does not apply to an F-1 student whose accompanying change of status request is denied due to the discovery of a status violation. The student in this situation is not eligible for the automatic cap-gap extension of status or the 60-day grace period.
Similarly, the 60-day grace period and automatic cap-gap extension of status would not apply to the case of a student whose petition was revoked based on a finding of fraud or misrepresentation discovered following approval. In both of these instances, the student would be required to leave the United States immediately.
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