h1b - opt - rfe - grace period ....yelp!!!!

USA H1B Visa
1

Ok so my h1b was applied this year april 2013…made it through the lottery and have received an rfe which will be responded in a day or two (i.e. week of july 21-27).

Facts on my case

 

Opt - end date - april 28th 2013

 

H1B Receipt date - April 8th 2013 

 

RFE received date: may 22 2013

 

RFE Due date: August 14, 2013 

 

CAP GAP - extension is up till sept. 30th 2013

 

New semester starts Sept. 3rd. for fall or January for winter

 

 

Questions  #1:

 

I am entitled to 60 day grace period after getting a decision. I do not know how long it takes for an RFE to get a response....in case if i hear somewhere in mid September or October and the decision is negative....during 60 day grace period will start....considering scenarios I can either hear before august end or September or October....if October I think it should be fine as I can utilize those 60 day grace period and take admission considering November and December as 60 day grace. 

 

But if i hear in September mid Can I still get admission in university for Winter Semester during that 60 day grace period and stay until the semester starts or do I need to go back?

 

 

Sorry for making it confusing if so....but in short i want to ask if i have 60 day grace period and i have a month or two extra after 60 day grace period and before new semester starts....can I stay in US or do I have to go back to my country?

 

Question # 2: 

 

If my H1B gets approved....what would be transfer procedure...how soon can it be transferred if I have another better job lined up? Would it be viable to start working for another company as the transfer is in process? 

 

 

Question # 3:

 

Does my H1B petition gets affected if I take admission back to university before I hear the decision i.e for this fall semester? I do not want to be out of status ...

 

Question # 4:

 

If I hear H1B decision by end of August and is positive, if I want can I still pursue further studies?

 

Thank you in advance
2

  1. Why don’t you upgrade it to PP to get the result within 15 calendar days and not worry about all this?

  2. It can be filed anytime after the initial petition has been approved. If it is filed before Oct, then no H-1 payslips are required (OPT payslips are still needed). If it is filed after Oct, then you need H-1 payslips for that period and also OPT payslips.

  3. H-1 decision will not be impacted by this

  4. Yes, you can. However, if COS to H-1 is approved, then you need to file COS back to F-1 or leave US and enter on stamped F-1 visa in order to remain a student.

Keep your H-1 attorney and DSO in loop w/ all this.