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OPT and H1-B transition

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  • OPT and H1-B transition


    It has been almost 40 days since USCIS received the REF for my H1-B application and I haven't received a response yet. My OPT will expire soon so I have the following questions:
    1. What happens if I leave the country without waiting to hear back from USCIS?
    2. Is there any type of legal exception that would allow me to stay in the US or stay and work in the US (ideally) while waiting to hear back from USCIS even though my OPT + the 60 days grace period are over?
    3. If my visa gets approve before I get to leave the US (before the 60 days grace period are over), but I decide not to come back and do not get the visa stamped, would I be able to apply for an H1-B visa cap exempt within the next 6 years if I ever plan to come back and work in the US?