Opt expired and H1B Pending

[H1waiting2019]

My opt ended in May 2019. My h1b got picked in the lottery and was given a RFE. My employer is planning to respond to the RFE this week. However I have few questions

1. can I still work on my opt after October 1st awaiting decision on my h1b?

2. If my h1b is rejected, is there anyway I can stay in the US and apply for H4 as my wife has valid h1?

3. If h1b is denied, how soon should I leave the country?

4. Is it safe to go to India for h4 stamping ?

Any info is very much appreciated

[upbui]

I've been in this situation just a few weeks ago with a lot of same questions like you do. I asked my attorney and he said that I am not allowed to work after Sep. 30 and have 60-day grace period to whether change status or leave the country. That's why he recommended me to upgrade to premium processing to get their decision before Sep. 30. Luckily, I got approved and I don't have to worry about it.

If you can afford the premium processing fee, you should do it.

[xTDx]

On 9/15/2019 at 6:44 PM, H1waiting2019 said:

My opt ended in May 2019. My h1b got picked in the lottery and was given a RFE. My employer is planning to respond to the RFE this week. However I have few questions

1. can I still work on my opt after October 1st awaiting decision on my h1b?

2. If my h1b is rejected, is there anyway I can stay in the US and apply for H4 as my wife has valid h1?

3. If h1b is denied, how soon should I leave the country?

4. Is it safe to go to India for h4 stamping ?

Any info is very much appreciated

1- How would you work on OPT if it ended in may 2019? So,  no you cannot work on an expired OPT.

2- It depends, Consult an immigration attorney for in depth review of your case and to find out optimal strategy for your case and requirements.

3- Depends on valid i94 , you may get a F1 grace period, check point 2 to work with an attorney.

4- Usually safe if you have not violated your status to a certain extent. Read point number 2 again and make sure you follow a professional attorneys guidance.