COS from F1- H4. F1 has expired

[ashnit]

Hello,

 

I have applied for COS from F1 to H4 in August 2013. My F1 visa has expired on 12th October 2013. Case status is still initial review.

 

I have couple of questions.

 

 

Is USCIS processing pending cases applied in US as Government shutdown? How long can I stay in the USA? I am 2 months pregnant and travel is not advisable. Can I request USCIS to permit my stay and what bases? 

 

As Government has shutdown, Are they taking new cases in India? Is it advisable to travel to India and apply for H4 stamping there?

 

if I apply for new I-20, will I be able to renew F1 visa here in US? Can I stay in US with new I-20 and F1 visa expired. 

 

Appreciate your help.

 

Thanks & Regards.

 

[pontevecchio]

Your pending application for COS lets you stay. You could choose to get the H4 visa and return if you wanted.

[rajen.b]

You can stay because your case is still under review. Depending on when you applied, it might take 1-2 months for your approval. Also, if your beneficiary has no issues with his H1B, you should have no issues either. When I applied my wife's H4 extension USCIS did not approve it for two months but as soon as my employer filed for H1B, I got approval for both H1B and H4 on the same day. so please have patience.