Legal Question in Immigration Law in Florida

My STEM OPT expired on May 15, 2015 when I was working with a university. Since I was not sure if they would file for an H1b, another small scale private company filed for my H1b during the April 2015 time period and my application was selected in the lottery. During End of May an RFE was received and on August 6 USCIS received the RFE material. Since then whenever i checked my status online it always read, " On Aug 6, 2015 USCIS received you request for evidence and will begin working on your application. To this date it has not changed.

My question is can i still stay in the US or Have i gone out of status?

What is the best thing to do in the given situation?

What if the application gets denied? Will i be considered out of status for the entire period beginning May 15, 2015 till date or not. Is the 240 day period applicable to my situation? Please advise.


Asked on 1/15/16, 8:41 am

1 Answer from Attorneys
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Please call me at (800) 750-1828. Kind regards, RDM

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Answered on 2/12/16, 11:19 pm


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