status till i get my h1 approval

[nitesh431]

Hello

My OPT expired in 1st week of sept 2012. I had applied for H1B in masters quota and received an rfe in Oct. The rfe was answered but i still did not get any decision from USCIS.

I had a couple of questions:

1) am i out of status now, since my opt has expired and h1 is still in pending status

2) In case my h1 is denied, how much time do i have to convert to F1 or leave the country?

3) My fiancee is on H1, if we get married how soon can i convert to H4?

[JoeF]

Hello

My OPT expired in 1st week of sept 2012. I had applied for H1B in masters quota and received an rfe in Oct. The rfe was answered but i still did not get any decision from USCIS.

I had a couple of questions:

1) am i out of status now, since my opt has expired and h1 is still in pending status

You are in pending COS. You are legal, but can't work.

2) In case my h1 is denied, how much time do i have to convert to F1 or leave the country?

Changing to F1 takes several months, from applying at a university (universities have deadlines), to getting accepted and getting an I-20.

Generally, if the H1 would get denied, you would have to leave as soon as possible.

3) My fiancee is on H1, if we get married how soon can i convert to H4?

At any time after the marriage.

[nitesh431]

You are in pending COS. You are legal, but can't work.

Changing to F1 takes several months, from applying at a university (universities have deadlines), to getting accepted and getting an I-20.

Generally, if the H1 would get denied, you would have to leave as soon as possible.

At any time after the marriage.

Thank you so much for your reply Joe. i have a couple of other questions too

Do you know how many days will i have time to leave the country?

also, once i get married do you know what is the procedure to move to H4?