Question

It’s about my husband H1B extension. His first H1B expire on Apr 22(That’s a Sunday). he received the I797C on Apr 23. Now the case is still under reviewing and has RFE now. 

But he has an PhD offer now that he would like to go back his country to apply F1 and discontinue H1B application.  

So with the RFE pending, can he just withdraw the case, quit the job and leave the country to apply F1? 

would it be considered that he stayed illegally all these time since his visa expired? 

Answer 1

yes, he can withdraw the application and apply for F1 out of U.S.

If USCIS received his H1B extension application before his current H1B expires then the pending status would not be considered out of status.

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