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H1B Extension RFE. I94 Expired. Also MBA Student. Worried

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  • H1B Extension RFE. I94 Expired. Also MBA Student. Worried

    Hi all,

    My first 3 years on H1B expired Oct 1, 2012.

    I applied for an extension on June 2012, USCIS finally got back to me with a long RFE letter yesterday (Oct 15th).

    I will try to provide as much as I can but I have a feeling that it will be denied. They're inquiring about my specialty occupation and major. It was a surprise to get approved for the first time, this time I don't think it'll fly. So, I want to be ready for worst-case scenario.

    I also got enrolled to a full time MBA about 5 months ago. I'm currently taking Masters classes.

    Now comes the dilemma;

    I would like to provide all the proof I can and answer this RFE. The letter, in exact words, say "Prior approval might have been a gross error on USCIS side". That's why I'm not so hopeful about H1B situation.

    At this point (today), if I decide to change my status into F1, can I just go to my school, provide necessary documentation (support etc) and ask for an I-20?

    My I-94 expired Oct 1st but I have a pending extension case, since June 2012. Am I considered "In Status" since the RFE period is still going on and I'm not "denied" yet?

    What if I answer the RFE and wait for RFE process and eventually get denied? is it going to be too late (since I won't have status right after denial) to start F1 visa transfer?

    Let's say I do change of status right now, is it possible that they tell me to leave the US to get a visa?

    This is what I read once; What if I change to F1, it gets approved, but at the same time I still answer RFE and after a while, the officer approves my H1B based on my RFE answer. What happens? As soon as I become F1, the H1B case drops? or it continues? Is it going to be H1B to F1 to H1B (after RFE) within weeks? Possible?

    Thank you.

    Can I COS to F1 now and still work on RFE case? What if it gets approved after I switch to F1?