H1B RFE ANSWERED IN AUGUST, NO RESPONSE YET. WHAT OTHER OPTIONS DO WE HAVE?

[rrt99]

Picked up in H1B lottery this year, I'm currently in F1 status. Got RFE about specialty occupation in June, answered it back in August. No response yet. I was on Cap Gap extension until 9/30, then I stopped working. I'm on the bench waiting for the H1B response.

1. Is anyone else in a similar case? how are you doing?

2. For those who answered back their RFEs around August or later, have you received any response yet?

3. What happens after the grace period of 60 days starting on Oct/1? can I legally wait here in the US after the grace period? any consequences?

4. Can I apply to another visa while waiting for the H1B response?

5. In case I get an H1B denial, can I apply to another visa immediately? before and after the grace period? how long do I have?

Thanks!

 

[nelsona]

3. You can wait in US as long as your petition is pending, it is not a grace period issue.
4. You can, what status di you have in mind?
5. Again, when in status-pending state, there is no grace period. When your H1 is denied, you receive instructions on the denial as to what date by which you must leave US. You can call that grace period, but you are out of status and cannot change status while in US (you can of course submit an I-129 wherever you are -- and then get visa, and enter to get status.)