F1 student on OPT till 9-28-15. What are his options if H1B denied when filed 4-1-15 Can he STILL remain in U.S onOPT till 9-28-15 and seek other options or does he have to leave U.S. within 60 days of denial? Also if approved does he get an automatic cap extension. Case sems to fall in grey area.
It depends on the reason of the denial. If the conclude that your visa or your COS was denied because you were not in a legal status according to the USCIS then the OPT is no more valid. Either you can go back for stamping or stay in the USA and file a MTR. If the reason for the denial is not illegal status determined by the USCIS then you can live in the country and maintain the status what ever you are into. Instead of filing a MTR you can potentially file a new H1B.
BTW what was the reason behind the denial???