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hashha

OPT extension pending

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Filed: F-1 Visa Country: India
Timeline
I completed my Masters in US and working for a globally reputed MNC since Feb 2014 on a Student OPT. My firm had applied for an H1B in April'14 and I got through Lottery. But my H1B request was rejected on around October 30(After going through RFE) stating, the visa quota was already reached by the time my application reached them. My company had already filed an appeal to USCIS on this.


In the mean time, my OPT expired on Dec 31,2014. Since, my masters fall under STEM, I have applied for OPT extension, for which I had received a receipt on Dec 10,2014. I am currently working on the grace period of 180 days, as my extension application is pending with USCIS. My question here is,


A) Does H1B rejection affect my OPT extension chances?

B) The current processing time is 3 months. So, I can get to know about it only by early March. If my extension is denied, will I still have 60 days of grace period to leave the country?

C) If the processing is delayed until April, Can I apply for Cap-Gap as my new H1B application will be filed by that time?


Thanks

Edited by hashha
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Filed: Citizen (apr) Country: Brazil
Timeline

A) No

B) No, the denial cancels your status on the date of the denial unless otherwise specified in the denial letter

C) Only if your extension is approved, and you have to ask your DSO

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