F1 OPT filed H1 in RFE now, should I enroll in school again?

My OPT expired last JULY, but because my OPT employer applied H1 for me last Apr 2013 and was selected in the lottery, my I-20 status expiration was moved to Sept 30, 2013. But now, my H1 application is in RFE and deadline to submit is last week of Oct. Question: 1) will I be out of status after sept.30 while H1B approval pending? Or status will adjusted until approval and won’t be out of status after Sept 30? 2) should I enroll this Fall Semester to another course/school (I-20 transfer) as back up to keep my status? 3) can I continue working in my OPT employer even after Sept. 30, while waiting for H1 approval? Please help me. I am very confused and worried. Thank you in advance to all who will help me with my question.

  1. Yes, your cap-gap ends in Sep. You will get 60 day grace period to leave the country or move to another status

  2. Yes

  3. No, you need to stop working after Sep

Why don’t you have the petition upgraded to PP so that you know the result by Sep end and can then take a more informed decision.

Hi Saurabh,

Thank you so much for taking time to answer my worried questions. My lawyer is currently in the process of answering the RFE. Hopefully we can submit soon, and ask employer to file PP to help us with our decision making on what to do.

Will keep this forum posted for developments. Again, thank you for your help and generosity in sharing your knowledge.