F1 to H4

[Balu167]

Hello Everyone,

My OPT expired and I am on 60 days grace period after OPT. I have applied for status change to H4 three months ago which is still pending. Do I have to leave the country if I do not hear from USCIS before 60 days grace period complete? 

My spouse employer told me that I can stay until USCIS makes a decision. My question is if I stay more than 60 days after OPT and in case if I get a denial, will those additional days(days stayed after 60 days grace period) count as illegal stay?  I want to keep my profile as clean as possible to avoid future complications. 
 

Thanks,

[xTDx]

17 hours ago, Balu167 said:

Hello Everyone,

My OPT expired and I am on 60 days grace period after OPT. I have applied for status change to H4 three months ago which is still pending. Do I have to leave the country if I do not hear from USCIS before 60 days grace period complete? 

My spouse employer told me that I can stay until USCIS makes a decision. My question is if I stay more than 60 days after OPT and in case if I get a denial, will those additional days(days stayed after 60 days grace period) count as illegal stay?  I want to keep my profile as clean as possible to avoid future complications. 
 

Thanks,

If change of status to H4 application was timely filed and you have a USCIS receipt number, you can then stay in US as long as it takes for uscis to make a decision on h4 cos petition. If it gets denied(It usually doesn't for legit cases), you leave asap and come back with a valid visa. Illegal stay counter starts from day 1 of denial. 

You do not even have to wait for USCIS h4 cos decision, travel out get a h4 stamp and come back.