I have a question about my immigration status, hope you can help me. When I was on my OPT my employer filed H1B for me. I won the lottery and my documents were sent for evaluation. I did not hear from them till my OPT expired at Aug.17. I used cap-gap and extended my I-20 till Sep.30. At the end of Aug I heard from immigration that they need for RFE.I wondered if I hear back from them after Sep.30 (that is the end of my cap-gap), and by any reason it was a denial, can I apply for change of status to F2 (as my husband is F1), or after Sep.30 by receiving denial, I will be out of status and cannot apply for any change?I talked to my university international office, but they were not sure if the 60 days grace period applies for me due to using the cap-gap or not.I really appreciate your help.
Couple of options:
Upgrade your petition to PP so that you get H-1 result quickly
Apply for COS to F-2 now. If H-1 gets approved, then withdraw F-2 COS. COS would take 4-6 months to process and there s a good chance that it will not be processed before your H-1 result.