H-1B RFE

[Spandana123]

Hi,

 

My OPT extension was ended on March 2014. I applied for H-1B (premium processing) in 60 days grace period i.e., on April 01 2014. My H-1B got selected in lottery. I sent the receipt number to school DSO. By using the receipt number my school issued my I-20 on April 14 till June 01 2014 but no work authorization.

 

But now I have a RFE - RFE statement says that my school filed CAP GAP extension (I-20) on behalf of me, however it is filed untimely for the CAP-GAP provision after filing date of instant petition. 

 

Actually my 60 days grace period ends on May 2014. They are asking me to provide clear information that I maintained status during filing and I will be maintaining status till H-1B start date (Oct 01 2014)

 

I am just wondering, is it fine to request I-20 with receipt number when I am on grace period and H-1B is in processing ? What are the best options to solve. 

 

Thanks in advance!

[hightech]

Don't worry you are on 60 days grace period fine.

Your I-20 valid date up to June 01, 2014 that's what RFE has been given for justification.

Talk to your DSO explain about RFE to generate a new cap gap I-20 valid for up to September 30th 2014.

[Spandana123]

Thank you so much for the information!

 

But my attorney is suggesting me to leave the country before May 10 2014 as my grace period is going to end, though I have valid I-20 till June 01 2014.

 

And my school DSO told me that they will issue I-20 till June 01 with receipt number (and as my H-1B is in processing). They told that they will extend I-20 till Sep 30 only if H-1B gets approved.

 

Could you please suggest?

 

1.   When there is REF and when my H-1B is in processing can I leave the country?

2.   If I leave the country, do I have to update my new address to USCIS?