STEM OPT cap gap Ended on Sept 30, H1B got denied Nov 15, How long can I stay?

USA H1B Visa
1

I am in a urgent situation and need your help.

Here is my situation.

=> My Passport US Visa Stamping Expiration Date is 12 Dec, 2019.
=> I joined Masters in Computer Engineering in Jan 2015.
=> I completed Masters in May 2016.
=> My 3 years STEM OPT end date is 24th July,2019
=> I got STEM OPT cap gap extension because my H1B got picked in the lottery and STEM OPT cap gap extended end date is 30th Sept, 2019.
=> I physically worked upto 30th Sept, 2019 and then stoped working and was waiting for H1B result.
=> On Nov 15th, 2019 I got H1B denial.
=> My question is from which date does my grace period of 60 days start start ?
Wheteher Starting Sept 30th, 2019(Date of STEM OPT cap gap) or Nov 15, 2019 (Date of H1B denial). Because if it is Sept 30,2019 then 60 days would complete in 29 Nov 2019 one week left to leave the US.
=> Does my US Visa Stamping Expiration Date is 12 Dec, 2019 matter in this case. In my i-94 Admit until date says: D/S.
=> Can I get new i-20 and change my status again to F1. Because my DSO at University says that SEVIS is completed ‘status’ and to transfer to new college it should be ‘active’.
My DSO is trying to change my SEVIS ‘completed’ status to ‘active’ status. so that if poosible I can get new i-20 and do not have to leave US.
if new SEVIS is required then I will need to go out of Mexico and renter the state to activate it.

Thanks,
Sameer
+1 310-698-2433

2

Sameer,
Sorry to hear about your situation.
Your grace period of F1 status started on October 1st. The logic is that you got F1 Cap Gap extension till Sep 30th, so you had F1 status until then. Now, your F1 grace period started on October 1st and you have 60 days for that until Nov 30th. So, you have until Nov 30th, to make arrangements to do changes like re-enroll in another program or leave the country. Yes, you should be able to get SEVIS transferred to new school, if you have admission from another school…The issue is sometimes, the SEVIS ID is not active like you mentioned, your DSO may need to call the SEVIS for data fix…In any case, you need to talk to an attorney immediately and get this sorted out. Good Luck. Do update your status here…

3

60 days grace period starts from Nov 15th, 2019. It’s been confirmed.