h1b - the 15-day Premium Processing clock stopped on your I129

[ankit4murhty]

Existing condition

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Won h1b lottery receipt - 10th april 2013

On uscis webpage rfe was sent - April 23, 2013

On April 23, 2013, the 15-day Premium Processing clock stopped on your I129, PETITION FOR A NONIMMIGRANT WORKER. A notice was sent on this date

Neither my employer or lawyer has received RFE. So i am still waiting for RFE.

Opt expiring - 17th may 2013

f1 expiring - 20th june 2013

I have recived CAP gap I 20 from school.

After getting RFE, we will reply back to lawyers.

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Lets assume In Worst Case Scenario, if h1b doesnt get approved on 30th may 2013. Then i will have only 2 weeks of time to either regain my legal status to work for company in Us.

Question

Should i wait for worst case scenario or start applying for school to get back to f1 status?

I am worried that, if i get I 20 from any new school immediatley after application, then CAP gap might be void and it might also jeopardise h1 processing. Please help with your advise

[venkatakt]

you will still be in legal status as long as your h1 application is still pending.

[ankit4murhty]

Thanks venkat, for the info.

But my question was,

"if h1b doesnt get approved on 30th may 2013. Then i will have only 2 weeks of time to either regain my legal status to work for company in Us. Should i wait for worst case scenario or start applying for school to get back to f1 status? . What all options should i keep open. "

[call2k7]

if u don't get H1B approved, then you will have 60 days grace period to change your status

[sk.january]

Hopefully your H1 gets approved!!

But if it doesn't, then the CAP-GAP work authorization that was granted because of a pending H1 application will become void. You will have 60 days to leave the country. This may not allow you to change and continue on F1. Wait until you receive the RFE and then take your bets.

Do talk to a qualified immigration attorney!!!

[ankit4murhty]

Good news

 

got h1 b approved after submitting RFE.

 

Year: 2013 - Premium processing

 

april 10: won h1b lottery

May 1: Got RFE. They needed more information from employer..

June 6: Filed RFE

June 13 : email from lawyer about approval

 

So dont worry if you get an RFE. Just make sure to submit all documents as desired.