My h1 was close to expiry when my company applied for "h1" extension to recapture 50 days i was out of country, so basically extension for 50 days.
While that extension was pending and I had started using those 50 days, I had taken admission in a SEVIS college and applied for a change of status to f1 and in 539 form I put out the start date 15 days prior to my soon-to-be approved h1 expiry date as well as my class start date; Today I saw online that the denial decision was mailed to me.
My question is, I am over those 50 days and my h1 status is approved but my f1 is denied so I am basically out of status for 3 days now. What are my options ? Can i file MTR and stay here or file for B2 COS ? I cant just leave the country soon, I need time to wrap up and my wife has a medical condition and doctors have advised not to travel until Feb 2013.
sorry if above got complicated, here is timeline
Original h1 was expiring nov 05,
On Oct 04, company applied Extension requesting more time till Dec 22.
On Nov 15, Extension application was pending but i-94 at hand was expired in nov 05 --- F1 Change of status was received by USCIS
On Dec 17, H1 Extension filed on Oct 04 was approved, BUT on same day F1 COS Status denied
Today is Dec 22
Please tell me how do I stay here and possibly fight this or if I really have to leave, how do I stay here till Feb without creating complications ?