OPT Expiring - PP H1 RFEE Pending - Advice needed

[izak004]

Hi guys,

My Opt is expiring on 5th Oct and I initially filed my H1 in regular processing. I got the RFEE and it was responded with the conversion of processing to Premium Processing. USCIS status shows that they received the RFEE response on 21st Sept. My employer says he has sent the documents on 10th Sept on urgent basis. So can there be a difference of 11 days for the status update?

Should I enroll into a course now? Many of the Universities that provide CPT has finished enrolling students for this semester. So if I now transfer my SEVIS to a different University, will it be a problem for my processing?

Please suggest

[kiran234]

If your H1B with COS is approved by Oct 5th .. you can continue working. Otherwise you need to stop working after Oct 5th and wait for your H1B approval. In that case your 60 day grace period starts on Oct 6th. Hopefully you will get your H1B approved before Oct 5th or atleast before your 60 day grace period ends.

A student asks, “When must I start classes at my new school?”

In all cases, the student must start attending classes within five months of the last day he or she attended classes or the next available session, whichever comes sooner.

However, if the next available term is the annual (or summer) vacation, the student may take a vacation if he or she meets all of the following qualifications:

• The student has already completed a full academic year.
  
• The student can start classes within five months from the date of:
  
  • Finishing classes at the transfer-out school, or
    
  • The end of a period of authorized OPT.
    

The student must be sure to coordinate all his or her plans with the new DSO.

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A student with an Active SEVIS record asks, “How long can I wait between ending classes at my transfer-out school and starting classes at my transfer-in school?”

This depends on the student’s circumstances. The transfer-out school controls the student’s SEVIS record until the transfer release date.If classes are in session, he or she must attend classes and otherwise maintain status until the transfer release date.

On the transfer release date, the transfer-in school controls the student’s SEVIS record. He or she must begin classes at the transfer-in school at the next available term, unless taking an authorized break or vacation during that term.

If the next available term does not start within five months of the last date of school attendance or program completion date at the transfer-out school (whichever is earlier), the student must depart the United States until he or she can begin the new program. This will not be handled as a transfer. The student will get a new SEVIS record and the school will send the student an Initial attendance Form I-20. The student must then pay the SEVIS I-901 fee and apply for a new F-1 visa.