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Immigration Issues/H1B Rejection : When to quit job



I will appreciate if you can respond to my following query.

My Opt expires on 22nd July. I have not heard anything from USCIS about the rejection yet. When do I need to quit my job? Can I work until the H1B rejection comes in or do I need to quit on July 22nd or do I have 60 daysí time from the date of rejection notice?



ANSWER: Hello,

You can work until there is a decision of USCIS on your H-1B petition or until July 22, whichever comes later. If your H-1B petition is selected and approved, your extension will continue through September 30. If your H-1B petition is not selected, you will have the standard 60-day grace period from the date of the rejection notice to prepare for and depart the United States.

Hoping that my answer is helpful, I wish you good luck.

---------- FOLLOW-UP ----------

QUESTION: Thanks for your response.

I am planning to apply for COS (from F1 to H4) based on my husband's status. Can I continue to work (and meantime apply for H4) for 60 days after the date of receipt of rejection notice? My EAD is expiring on July 22, 2015. If I am allowed to work for 60 days, what documentation will I need to provide to my employer as my EAD will no longer be valid?




You will have to stop working on July 22, 2015, date on which your EAD expires. Filing an application to change status from F-1 to H-4 does not extend your employment authorization under OPT.

During the 60-day grace period, you can remain in the USA, but you cannot continue employment.

Hoping that my answer is helpful, I wish you good luck.

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