My OPT expired on June 2012 but before expiration my employer filed H1b. I was working until Sep, 2013 and waiting for the result. [USCIS](http://redbus2us.com/qa/4714/h1b-denied-after-opt-expiration-cap-gap) requested for additional evidence was issued on 10/10/2012, which was submitted in January 2013 in timely manner. I have been staying in U.S. while I was waiting for the result. Two days ago, 02/19/2013, my petition shown is denied online.
Here are my questions:
How long I could stay in the U.S. without affect my next reenter or applying for visitor or other visas to the U.S.? Since my OPT actually expired in June 2012, and I was working during the cap period, until 30 Sep. I was waiting for the h1b petition result and later on I have to stay longer to wait for the result after we provided additional evidence. I know it is illegal to stay in the U.S. over 180 days after out of status, but which day should I start counting, 1 Oct, 2012 or the time I know my H1B petition got denied?
If I appeal the petition, could I keep staying in the U.S. while waiting for the result?
My student visa expired in 2012, could I stay within the country and reinstate to F1 visa?
Another other options that I could stay in the state longer legally? Or any other suggestions?
Thank you very much!How long I could stay in the U.S. without affect my next reenter or applying for visitor or other visas to the U.S.? Since my OPT actually expired in June 2012, and I was working during the cap period, until 30 Sep. I was waiting for the h1b petition result and later on I have to stay longer to wait for the result after we provided additional evidence. I know it is illegal to stay in the U.S. over 180 days after out of status, but which day should I start counting, 1 Oct, 2012 or the time I know my H1B petition got denied?
I think it is usually counted from teh date of denial, consult your school DSO immediately regarding it. If you overstay you may loose your chances of entering USA again.
If I appeal the petition, could I keep staying in the U.S. while waiting for the result?
As far as I know, I dont think so. Youmay consult your school DSO or a lawyer.
My student visa expired in 2012, could I stay within the country and reinstate to F1 visa?
Yes, you may try to get into a new program in a school within your grace period.
Another other options that I could stay in the state longer legally? Or any other suggestions?
Getting into a school asap is one of the options. Never go out of status, you will ruin your future chances of entering USA.