H-1B under RFE response review - Confused about SEVIS

[amelias716]

Hi All,

 

First off, I would really like to thank Murthy Forum to have started this Blog which helps H-1B holders

 

Regarding my case -

EAD - Expired July 31st, 2013 - Have been automatically issued for CAP GAP from July 31st to Sept 30th, 2013

H-1B was filed April 1st - Recieved my EAC #

Only July 15th my status said RFE - however my lawyer sent the RFE the very next day

On July 24th my status said RFE - Response Review. I am aware that USCIS takes 60 days to come back with a response - September 24th, 2013 should complete 60 days.

 

Looking at the way things are going - it seems like most people have already started to receive their approvals

 

My question to the community is -

 

1. If incase my H-1B gets denied on or before September 24th - will my SEVIS Status be terminated immediately? or will it be terminated by September 30th? or will I have an additional 60 days grace period after Sept 30th to enroll in a school and initiate the SEVIS transfer from old school to new school ?

 

2. Would it be smart to enroll myself in a university or institution right away ( as in tomorrow ) to avoid the risk ?

 

3. If suppose i take admission in the institute right away - and also initiate the SEVIS transfer from my old school to my new school and lets say one week down the line my H-1B gets approved - will the H-1B be valid ? - can i actually resume working at my work place ?  or will the visa be invalid since I enrolled as a student again.  

 

Any response will be much appreciated.

 

Thanks

 

 

[rahul412]

My question to the community is -

 

1. If incase my H-1B gets denied on or before September 24th - will my SEVIS Status be terminated immediately? or will it be terminated by September 30th? or will I have an additional 60 days grace period after Sept 30th to enroll in a school and initiate the SEVIS transfer from old school to new school ?

 

2. Would it be smart to enroll myself in a university or institution right away ( as in tomorrow ) to avoid the risk ?

 

3. If suppose i take admission in the institute right away - and also initiate the SEVIS transfer from my old school to my new school and lets say one week down the line my H-1B gets approved - will the H-1B be valid ? - can i actually resume working at my work place ?  or will the visa be invalid since I enrolled as a student again.  

 

Any response will be much appreciated.

 

Thanks

1. If in case H1 is denied you can file next year, but if you go back to school it takes 2 more yrs to file your next H1. Moreover you cannot get admission within  days.

2.This is not an option. If you want to go to school then take admission. But F1 is not a bridge between two statuses, so don't simple join some school just to stay in US

3.Again, you cannot get admission within days. Don't think of doing like that.

 

BTW what was the RFE??