Can You Stay in the U.S. While Your H-1B is Pending?

✅ Yes, in most cases, you can stay in the U.S. while your H-1B petition is pending, but your ability to work depends on your current visa status.

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🔹 1️⃣ What Determines If You Can Stay?

Scenario 1: You Applied for H-1B With a Change of Status (COS) from F-1 OPT

✔ If your OPT is still valid → You can stay & work until your OPT expires.
✔ If your OPT expires before Oct 1 → Apply for Cap-Gap Extension to keep working.
✔ If your COS is pending after Oct 1 → You can stay but cannot work until approved.

📌 Cap-Gap allows you to work while your H-1B is pending only if your OPT was valid when your employer filed the petition.

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Scenario 2: You Applied for H-1B via Consular Processing

✔ If you filed for consular processing (not Change of Status), you must leave the U.S., attend a visa interview, and re-enter once approved.
✔ You cannot stay in the U.S. beyond your current visa’s grace period.

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Scenario 3: Your F-1 Grace Period (60 Days) Ends Before H-1B Approval

✔ If your F-1 60-day grace period expires before your H-1B is approved, you must leave the U.S.
✔ Staying beyond your grace period without another valid status is illegal.

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🔹 2️⃣ What Happens If Your H-1B is Delayed or Denied?

🚨 If your H-1B is still pending and your F-1 status (or Cap-Gap) ends, you cannot work.
🚨 If your H-1B is denied, you must stop working immediately and leave the U.S.

What Can You Do If H-1B Is Delayed?

✔ Apply for Premium Processing (H-1B decision in 15 days).
✔ If OPT expires, change to another status (F-1 extension, B-2, etc.).
✔ If denied, look for other visa options or reapply next year.

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🟢 Summary: Can You Stay in the U.S. While H-1B Is Pending?

✔ If you applied for H-1B Change of Status → Yes, you can stay as long as your F-1 status or Cap-Gap is valid.
✔ If you applied via Consular Processing → No, you must leave and re-enter with an approved H-1B visa.
✔ If your F-1 grace period ends before approval → You must leave unless you change to another visa status.
✔ If denied → You must leave the U.S. immediately unless you have another valid visa.

🚀 Need help with Cap-Gap, Change of Status, or visa options? 😊