F1 Status expired and H1b pending


Mine is little complecated case. My H1B (regular processing) was filled early in April 2012 and I was on F1 at the time maintaining my status until H1B approval.

Got an RFE and replied (regular processing)

Unfortunately the school was closed before H1 decision came so technically my i-94 is not valid at the moment.

Converted to premium to get the decision faster this week.

My Questions:

  1. How can this affect my change of status decision?

  2. As per lawyers I consulted, I was advised to stay in US until I get the decision, as I was in status while I applied for change of status, is it true that in order to request change of status one need to be in valid status at least until the application for Change of status is filled?

  3. What if my status expires (which is expired) ?

Thanks in advance for any assistance or guidance.

You are doing just fine. Only problem is your h1b should not be denied. If they deny your petition you cannot change the status to any thing and you may be asked to leave.

yeah, you shd not leave US now until u get the h1.

@chandra83: Thanks a lot for valuable imput. I hope that it doesnt happen.

H1B approved but COS Denied :frowning:

Hi. I’m going through something similar. Can you please advice what to do. My H1B is still pending. I got an RFE and recently switched to PP.

I was on F1 status with valid SEVIS till October 6th.