Posted by: pyaradeshbasiharu August 12, 2009
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rom what I know, the H1B rules were tweaked last year(?) so that people who got their H1B approved will not be deemed out of status even if their current status was set to expire before October 1st (H1B start date every year). someone please verify this"Only if someone's h1b is approved, he will not be deemed out of status even if their current status was set to expire before October 1st. Otherwise Cap-Gap rule won't apply for him.
"Also, like Poon-hill stated, the 60 days grace period should cover it, even if what i said above was not true. confirm with a reliable source (best bet is the USCIS website www.uscis.gov or the instruction pdf for H1B application)"
Please Verify this 60 days Grace Period with DSO..One of my friend Got out of status when he Applied for OPT STEM extension. His 12 months OPT expired on May 1st 2009. he applied for OPT stem Extension on March. According to 60 days rule should have carried him till July 1 2009. His Extension got denied on June and He became out of status from May 1st 2009. Strange but true.BTW he never utilised 60 days grace period after his graduation. Started his OPT the following day he graduated.