Opt Expired RFE requested and H1 petition pending

[abcs]

Hi

I completed my MS in US and I had opt for 1 year as I was not part of STEM. My Opt expired on 31st october. My employer filed for H1 on September 15. The uscis requested for RFE on Jan 15 and deadline is April 5, 2012. Now my employer is saying he cannot provide requested documents and there is risk of denial. He wants me to enroll in school back. But I am out of status now. I am confused about options I have.

Please suggest if someone have gone through same problem. I was waiting in US only for response so if the H1 gets rejected what is the time frame I have to leave the country.

[abcs]

Please reply if anyone have any experience.

[kalyan_ac]

1) As long as your petition is pending with CIS you can stay here.

2) I would say either get an I20 for the summer semester starting in may and also reply to this RFE which will buy you some more time if its a regular processing.

3) Switch back to F1 and find a different employer and make a switch again.

However, you will have to face some issues with COS and/or visa stamping.

Best thing to do is to leave and come back on different petition.

You will have to leave by April 15th if you are abandoning your case.

This is only my experience and please consult an immigration lawyer.