H1B appeal received I-797B with denial change of status, Do I have to leave country immediately? SAVIS still active, F1 OPT.


sidlad

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I am on F1 OPT. My employer filed H1B petition on April 2018, got denial on Nov 2018, after a RFE. 
I left to India on Dec 6th, 2018 for vacation and my employer initiated H1B appeal few days later on Dec 14th, 2018. I entered US on F1 OPT on Jan 13, 2019. 
My employer received conditional approval I-797B dated March 6th 2019, and denial of change of status letter dated March 13th 2019. USCIS case status site still showing "On March 6, 2019, Case Was Reopened For Reconsideration" 

I called my university and they said my SAVIS is still active. 
Do I have to leave country immediately and get VISA stamped? Am I out of status now or I will be out of status in few days? How many days I have? OPT is valid till Jan 2020. 

My employer suggesting to go for stamping in April End, is it right? 

Thanks,

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You seem to be maintaining status under F1. As COS was denied probably because you were out of country at the time of decision, you are good to go whenever you want for H1b stamping. No need to leave right away as long as you are maintaining F1 status.

Your current stay is dictated by F1 rules and related i-120 expiry/grace period expiry.

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