H1B Revoked and F1 visa in process

[ragz068]

Hello All,

I am in a fix and i am unsure what I need to do. I appreciate if someone can help me with what I need to do in my situation which I have mentioned below:

My last working day on my project was 12/31/2012 and have payslips until then. I applied for a F1 visa COS to go back to school on 01/09/2013. My employer revoked my H1B visa and it was revoked effective 03/15/2013. I am presently still awaiting the result of my F1 application having addressed an RFE.

1. If my RFE and F1 gets denied, will I be illegal or out-of-status immediately?
2. Am I already out of status or since my F1 visa process is in progress, am I still in-status?
3. Can I find another employer right now and file for a new H1B visa? If so, do I need to exit and re-enter USA for my new H1B to be valid?

Thank you for your time and help.

[kabkaba]

Hello All,

I am in a fix and i am unsure what I need to do. I appreciate if someone can help me with what I need to do in my situation which I have mentioned below:

My last working day on my project was 12/31/2012 and have payslips until then. I applied for a F1 visa COS to go back to school on 01/09/2013. My employer revoked my H1B visa and it was revoked effective 03/15/2013. I am presently still awaiting the result of my F1 application having addressed an RFE.

1. If my RFE and F1 gets denied, will I be illegal or out-of-status immediately? -- Out of status if I-94 has not expired, illegal if I-94 has expired.
2. Am I already out of status or since my F1 visa process is in progress, am I still in-status? -- Period of authorized stay.
3. Can I find another employer right now and file for a new H1B visa? If so, do I need to exit and re-enter USA for my new H1B to be valid? --Another employer can file for you, but since your not maintaining H1B status, it will not include an I-94. You will have to leave and return.

Thank you for your time and help.

See above.