Status- after applying for H1 and OPT expires.

[satishnag]

Hi,

My Question is related to Legal Status for F1 Students.

when u apply for H1B, while you are on OPT (Valid OPT card) and you don't get your H1B even after OPT gets Expired, WHAT WILL BE THE STATUS OF THE STUDENT ??

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[Raj1994]

You are legally allowed to stay in the US after OPT expiration (even after the 60 day grace period post OPT expiration) while your H1B is pending. You will be in COS pending status. But you cannot work after the OPT expiration.

But note: in case the H1B is later denied, you would have been out of status from the 60 days past the OPT expiration date, not the day they reject your H1B.