H1 approved OPT denied - Grace period in US?

[danceaddict]

Hello everyone,

I completed my degree in May 2015 but had my OPT was denied recently as "Form I-765 was not received by USCIS within the 30-day period since DSO entered my recommendation for OPT into Sevis record."

My H1-B petition was approved on 07/06/2015 and is effective from Oct 1st,2015.

Below is a sequence of events pertaining to OPT application:
03/17/2015 - DSO recommendation/I-20 creation for OPT application
05/08/2015 – Program Completion/Graduation
05/15/2015 – OPT application I-765 received by USCIS (Nebraska Service Center)
07/07/2015 – SEVIS case completed (end of 60 day grace period since graduation)
07/31/2015 – OPT denied – Case status update online
08/04/2015 – Denial notice shipped
08/06/2015 – Denial notice received

I am looking for direction on the following issues pertaining to my case:
1. Current legal status and eligibility to stay in the US between now and Oct 1st
2. If I have to depart the US, what would be a reasonable grace period such that it does not complicate my H1B visa stamping in India/re-entry into US?

I do not want to unlawfully stay in the US and I really appreciate any timely advice.

[shervin143]

1. Current legal status and eligibility to stay in the US between now and Oct 1st
>>> Your best option is to leave U.S immediately since your presence is unlawful. There is no grace period. Keeping the unlawful presence to a minimum will help during your H1B visa stamping.

2. If I have to depart the US, what would be a reasonable grace period such that it does not complicate my H1B visa stamping in India/re-entry into US?
>>> As soon as possible. If asap is not possible, then at least less than 2 weeks. Have proper reason for your delay in departing since that will be asked when you fill DS160 for H1B visa interview.