Can I stay in US on basis of H4 Receipt AND H1B gets denied

[piscean5]

Hi All

I have currently a RFE on my H1B extension. As my employer failed to file my H1B amendments, any response to RFE will most likely result in a denial of H1B.

Anyway, I am planning to respond to my RFE soon and also file for H4 the very next day.

Assuming my H1B gets denied, but I have received an H4 receipt by then. Can I stay in US on basis of H4 receipt? or Do I get out of status the day my H1B is denied.

Thanks

Sidhu

[nineballs]

I think once you file for COS to H4, you should be safe. Don't worry. I personally don't see any issues. However, as experienced attorney might guide you better.