H1b petition RFE - currently under Cap Gap - Status after Sep 30

Applied for H1b under masters quota, currently under CAP-GAP extension which runs out on Sep30. Recently received RFE - employer promised to reply in October.I understand I can’t work from Oct 1 but

  1. Is it true that I can continue to stay in US while my petition is under process - or is it that I only have the 60 days grace period.

Thanks a bunch for all your help.

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Here are my thoughts,

1) Is it true that I can continue to stay in US while my petition is under process - or is it that I only have the 60 days grace period.



Yes, you can. Your 60 day grace period starts on the day the decision is made by USCIS and mailed to you. ( it will be in the decision letter sent by USCIS)



 



1. What if I do not hear anything in this 60 days(1st Oct- 30th Nov) grace period?  Can I change my visa status (F1) after this 60 days or I have to change the status between this time?



Your 60 days does not start from 1st Oct. It starts from the day your decision was made by USCIS. 




2. In the even that is denied - How many days do I have to change my status to F1 or depart the country  from the date of denial? Do I get the additional 60 days from the date of denial?



You get 60 days from the day the decision was made to do any adjustments or leave the country. I would check with your DSO for change of status in Grace perido. Please double check. 





Lets say it is true that I can continue to stay in US while awaiting my H1B decision.

3. Do I have 60 days to change my status back to F1 status?



I guess, you should be able to. As I said you check with the DSO for Change of status during the grace period.



 



Please read these [FAQs on OPT at USCIS](http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1d175ffaae4b7210VgnVCM100000082ca60aRCRD&vgnextchannel=6abe6d26d17df110VgnVCM1000004718190aRCRD)

Yes, you can stay until a decision is made. There is NO grace period!