Apply for F1 to H4 COS during 60 days grace period


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I'm currently in F1 Cap gap extension status. My H1B application got an RFE and we replied to the RFE with premium processing on Sept 30. I have 15 calendar days to get a decision on H1B and during this period I'm not working because my work authorization ends on Sept 30 (Cap Gap Extension). My spouse's company lawyers have delayed filing H4 before Sept 30. 

I'm looking for options if my H1B gets denied.

  • Can I apply for H4 COS during 60 days grace period and lawfully stay in US during H4 processing?
  • Is it a good option to depart US and enter with H4 stamping (Depart US before 60 days grace period)?
  • Should I depart immediately if my H1B is denied or will I still have my 60 days grace period?

Please let me know if there are other options.

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