Dear forum, please help me with my question. My OPT expired Feb 28, 2013 and my petition was selected for H-1B this year. However, my petition received an RFE and last day to response is August 9. My question is even after responding to that RFE and my case gets declined, will I be give any 60 day grace period to leave the country or to change to another visa status? Any help would be much appreciated.
You will have the standard 60 day grace period from the denial date.
From USCIS site: Q5. Is a student who becomes eligible for an automatic cap-gap extension of status and employment authorization, but whose H-1B petition is subsequently rejected, denied or revoked, still allowed the 60-day grace period? A5. If USCIS denies, rejects, or revokes an H-1B petition filed on behalf of an F-1 student covered by the automatic cap-gap extension of status, the student will have the standard 60-day grace period (from the date of the notification of the denial, rejection, or revocation of the petition) before he or she is required to depart the United States.