svemula1 Posted December 2, 2012 Report Share Posted December 2, 2012 Hello, My spouse was on OPT 17-month STEM extension which expired on July 17th 2012. - She applied for her H-1B petition on April 10th 2012. - Under cap-gap extension, she recieved an extended I-20 from her school valid until Sep 30th 2012. - She stopped working from October 1st and was waiting for the pending H-1B petition. - On November 17th 2012, her H-1B petition was denied. - We then e-filed for her COS to H-4 (I-539) on November 20th 2012 against my pending H-1B extension petition. - I upgraded my pending H-1B extension petition to Premium processing on November 22nd 2012 which was later approved on November 29th 2012. My wife's I-539 is still pending. My questions: 1) When her H-1B petition was denied, would she be granted 60-day grace period? If yes, when would that start from? I have been recieving mixed answers. USCIS on their website states that the grace period start from the date of denial[73 FR 18944, 18949 (April 8, 2008)]. 2) Is she allowed to apply for a COS to H4 during this period? I want to make sure that we've filed the petition in a timely fashion. 3) She cannot travel outside the country right now as we recently had a child on Nov 23rd 2012. What are our options to stay here legally? Thank you. Link to comment
SameerH1Bworker Posted December 3, 2012 Report Share Posted December 3, 2012 You should contact good attorney immediately.... Link to comment
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