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niraj_19

H1 - RFE - Can I stay in the country - What are options if rejected

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I am on F1 visa, graduated - OPT expiring next week. My company applied for H1 that was supposed to be active starting this month on the day my OPT expires. We just received an RFE on H1 that is being answered this week. The concern I have is my OPT will expire and I won't have H1 approved as we are just replying to the RFE.

Can I still stay in the country until I get decision on my H1.

If my H1 gets rejected, how long I have before I have to get out of the country.

My wife who is on F2 right now has an admission in a college starting Spring. Her school is ready to do her F1. Should I wait for my H1 decision before going for her F2 to F1 conversion. Or just go ahead with her F1 before my OPT expires. Not sure once our OPT expires, I will be able to apply for her F2 to F1 conversion.

Too Worried, confused :(

Any Advice....

Thanks

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You have a 60 day grace period on F1, anyway, so you are legal to stay, but you have to stop working when the OPT expires, and you can only start working again once the H1 is approved.

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Go ahead and change her status to H1.

If your status changes to H1 she has to apply for COS to H4 first. (In fact it should have been filed with the H1 petition itself or at least before H1 gets approved).

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Go ahead and change her status to H1.

If your status changes to H1 she has to apply for COS to H4 first. (In fact it should have been filed with the H1 petition itself or at least before H1 gets approved).

Her H4 was applied. But as I have RFE on H1, I assume H4 won't be approved until my H1 is approved.

She doesn't work so no option of changing her to H1. I can change hers to F1. I hope it's OK to apply for change of status from F2 to F1 in the 60 - day grace period.

Thanks very much for the prompt response.

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You have a 60 day grace period on F1, anyway, so you are legal to stay, but you have to stop working when the OPT expires, and you can only start working again once the H1 is approved.

That helps... Thank you very much.

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