What is my status while my first H-1b visa application is pending?
Your status continues to be the status you had at the time that you applied. If your non-immigrant status expires while the H1b application is pending and there is a visa immediately available to you, then your status will be “an applicant for a non-immigrant visa” and you are permitted to remain in the United States until a decision on your application is made. However, if there is not a visa immediately available, then the visa application does not provide any “status” while it is pending, unless you were on an F-1 status or OPT (Optional Practical Training) and filed an H-1b application timely (during the H-1B acceptance period, while the student’s authorized duration of status (D/S) admission was still in effect), in which case your F-1/OPT status and work authorization (if previously granted) is extended until a decision is made on your application.
