Urgent advise needed

[ksymoops]

Hello,
I am on H1B visa with a valid I-94 till 13th April. My petition is under extension right now and USCIS raised an RFE last week. I might get laid off this month end.
My wife is on F1-OPT and I am planning to apply a COS to F2 visa. Here are few of my questions

1) Would there be a problem if I apply for a COS when my H1 extension is pending with an RFE.
2) If i get terminated, and get a COS filed before that, will I have to contact USCIS to get H1B extension petition withdrawn (I have the receipt number)? Generally my company should do that, but what happens if they do not apply for revocation (I heard that it takes money).

Amit

[DMX17]

I think as long as you apply for a timely COS to F2, you need not worry about whether the employer revokes your H1/extension. But to be safe, consult a lawyer when you apply for the COS. You anyways cannot do anything with the H1 extension petition as H1 is an employer's petition and only the employer/lawyer can follow-up.

[kabkaba]

It is your responsibility to apply for COS before going out of status.

H1 petition (whether new or extension or transfer) is employer's petition, you have nothing to do with it except for being a beneficiary.