How long is the grace period after an H-1B denial?

You have 60 days from the denial, withdrawal or revocation date—or the end of your OPT/STEM OPT period, whichever is later—to transfer, change status or depart.

Can I transfer my SEVIS record while it is in Terminated status?

Yes, but you must either file for reinstatement immediately after transfer or depart and re-enter with a new Initial I-20. You cannot work until reinstated.

What is the five-month rule for transfers?

You must begin classes at the transfer-in school within five months of your last date of attendance or OPT end-date; otherwise you need a new SEVIS record.

H-1B Denied? Here’s a 30-Day Plan to Transfer Your SEVIS Record and Keep Your F-1 Status

When USCIS denies, withdraws or revokes a cap-subject H-1B petition, the cap-gap extension you enjoyed ends immediately. You now have the standard 60-day grace period—counted from the denial/withdrawal date or your OPT/STEM-OPT end-date, whichever is later—to depart, transfer, or change status. Study in the States Study in the States

Below is a proven, clock-beating strategy to secure a new I-20, move your SEVIS record and remain in legal F-1 status.

1 | Grace-Period Countdown

Day	What you should do	Risk if you don’t
0–3	Confirm denial date on the I-797 notice; email your DSO.	None yet
4–10	Apply to at least one SEVP-certified school; request admission & proof-of-funds letter.	Rising; schools need lead time
11–20	Pick a transfer release date with your current DSO; must be ≤ 60 days from denial.	Late release may fail; falls to Terminated
21–30	New school issues transfer-pending I-20; pay any deposit and register.	Seats/programs may fill
≤ 60	Begin classes next available term or within 5 months, whichever is sooner.	Out of status → departure

If you hit Day 60 with no release, your SEVIS record auto-terminates.

2 | Eligibility & Paperwork Checklist

You can transfer if:

Your SEVIS record is Active or Cap-Gap (not Terminated).
H-1B petition denial/withdrawal date is within 60 days.
You’ve been accepted by another SEVP-certified school.

Gather these docs:

New admission letter (include program start date).
Financial evidence matching the new school’s I-20 budget.
Copy of H-1B denial I-797 (for DSO records).
Transfer-in school code & DSO contact.

3 | How the SEVIS Transfer Works (DSO-to-DSO)

Choose a release date—the day control of your record moves.
Current DSO submits Transfer Out in SEVIS; record shows “Transfer Requested.”
Release date arrives → record appears at new school in Draft status.
New DSO issues transfer-pending I-20 and mails/email it to you.
You must report & register within 15 days of the new program start.
New DSO flips the record to Active within 30 days of start. ICE

4 | Five-Month Rule

You must start classes within five months of your last day of attendance or OPT end-date, whichever comes first. If the next term is farther away, you cannot remain in the U.S. on a transfer: leave, get a brand-new I-20, and re-enter as “Initial.” ICE

5 | Terminated Record? Three Options

Option	Pros	Cons
1. Reinstatement	Stay in U.S.; keep SEVIS ID	$370 I-539 + months of wait; risk of denial
2. Transfer in Terminated status	Start school quickly	Must file reinstatement after transfer; can’t work
3. Exit & re-enter with new I-20	Clean slate; fast	Pay new I-901 fee; CPT/OPT clocks reset

See ICE transfer FAQ for detailed DSO steps. ICE

6 | Travel Rules During Transfer

Scenario	Can you leave the U.S.?	Docs to return
Record Active → Transfer-Pending	Yes	New transfer-pending I-20 + valid F-1 visa
During grace period before release	Risky; if flight delays release, visa officer may deny entry	Better to wait
After record becomes Active at new school	Yes	I-20 with new school info

Frequently Asked Questions

How long does the DSO have to release my record?

They can set any future date within your 60-day grace window. Ask for email confirmation once the release is queued.

Does transferring keep my OPT clock alive?

No. Once OPT ends you cannot work until you become eligible for CPT or OPT at the new degree level.

Do I need to repay the SEVIS fee?

Not for a transfer; you keep the same SEVIS ID. If you exit and come back with a new I-20 (Initial), you will pay again.

My H-1B was denied on 15 May but OPT ended 1 Mar. When does the 60-day clock start?

From 15 May—the denial date is later, so you have until 14 July to transfer or depart. Study in the States

References (curated by usaadmission.com)

Study in the States – “H-1B Status and the Cap-Gap Extension” (60-day grace after denial). Study in the States
Study in the States – “F-1 Cap-Gap Extension” SEVIS Help Hub (grace-period language). Study in the States
ICE – “Transfers for F-1 Students” FAQ (8 CFR 214.2(f)(8) procedures, five-month rule, 15-day reporting). ICE

All links point to official DHS or ICE resources for rock-solid compliance.