Our attorneys in Los Angeles deal with a range of different immigration services. As a reminder, F-1 students are allowed a 60-day grace period after completion of a course of study, or other authorized period of post-completion Optional Practical Training (OPT), to allow them to prepare to depart the United States, apply for a transfer to another school, request a change of education level or take steps to otherwise maintain legal status in the U.S.
In the past, many F-1 international students were forced to depart the United States once their authorized stay, including the 60-day grace period, expired before an H-1B commenced on October 1, the beginning of the new fiscal year.
The Department of Homeland Security issued an Interim Final Rule to extend cap gap relief to all F-1 students with pending H-1B petitions and extend OPT for certain STEM F-1 students. If USCIS denies, rejects, or revokes an H-1B petition filed for an F-1 student covered by the automatic cap gap extension, the student will have the standard 60-day grace period to depart the U.S. from the date of the notice decision. However, if the denial, rejection or revocation is due to a status violation, fraud or misrepresentation the F-1 student will be required to leave the United States immediately.
If you are an F-1 student and would like your immigration questions answered for FREE, contact our Los Angeles immigration attorney now.