If the student beneficiary is authorized for employment (OPT), as of the date of the filing of the H1B case, his/her employment authorization will also be automatically extended through the entire cap-gap period.
However, if the petition is denied, withdrawn, revoked, or rejected, the status and work authorization ends, but the student should be eligible for the standard 60-day grace period from the date of the triggering event or the program end date, whichever is later. If, however, the USCIS denies the change-of-status request based on a violation of student status, or denies or revokes the petition based on a discovery of fraud or misrepresentation, there is no grace period.