Just few weeks back I changed job. Current regulations allow certain students with a pending or approved cap-subject H-1B petition to remain in F-1 status during the cap-gap period. A student cannot file for H1B. I am on CPT working for a company and my CPT is till June 15, 2014, and I will still have two more semesters before I graduate and apply for OPT. file h1b, get approved, work with your cpt till october 1st of that same year if your cpt validity is at least till october 1st(it should be else you can't work and to start working you have to wait till October 1st when your approved h1b kicks in, start to work on h1b, file gc under eb2, get approved within 1 and half year if you are from my country, the GREAT … I did my master's  here in USA. immihelp®.com is private non-lawyer web site. In case of first-time lottery H1B change of status from F1 (OPT/CPT) to H1B or H4 to H1B, you are in a better position if you have filed it with consular processing option. All times are GMT-5. Yes It was a legitimate CPT. 4 important facts for CPT to H-1B Visa: 1) Earliest Filing Date is 4/1/2019 for a 10/1/2019 start date. I went back to school for second Master and working on CPT. I did not start working on CPT from the day one. Second Masters and CPT. Will this affect my visa approval? It is something she should only do once her CPT runs out, if she doesn't get picked in the H lottery. Hi, My H1b on second masters was not approved, so planning to quite and take new masters at university of the cumberlands for day1 CPT, if I plan to apply H1b next year, will there be any complications about the university and is the university accredited? I got h1b approval in consular processing and my SEVIS was auto terminated on October 1st. The “Cap-Gap” period starts when an F-1 student’s status and work authorization expires and ends on the start date of their approved H-1B employment. To add another layer of complexity, you are working as 3rd party placement on CPT as a contractor. You definitely need to be worried as you participated in illegal activity...CPT will destroy your career..Kiss goodbye to US and go back to your home country for good!!! Shall i get her f1 changed to H4 EAD and then apply for H1B for the April 2018 cycle ? With the name blocked by the admin, I assume this was one of these shady unknown institutions, probably a for-profit one, which wasn't accredited or barely accredited. If the answer is yes then petition approval is doubtful. If it is approved change of status and H1b then u are good tro go. I think you should be good. You may have to get your H1B visa stamped at a US Consulate to change status from F1 to H1B. And your fiancee has to attend the H1B interview. H1B is filed by an employer. If it was a legitimate CPT and you have pay-slips for the period, which worked for.. My question here is: - will she be able to apply for H1b for the April 2018 cycle, while being on CPT in the early part of 2018 (expect her to be on CPT during Jan, Feb March 2018) ? Many people including myself got their CoS denied due to Day 1 CPT and most of the people I know go their H1B approved with consular processing. However, the change of status from F1 to H1B might not be approved. After that I registered for PhD course. But in your case, your CPT job and H1 job  are one and same, so how can that CPT work considered as part of F1. Your parents want to complete the marriage by end of the year. Also, check out Sample H1B Approval Notices with COS. H1B Change of Status (COS) Application and Travel Restriction ? And I got RFE when my attorney submitted RFE related documents to USCIS, I got an other RFE. And one such way may seem like applying for second master’s in the US. So when I transferred my course to ******* they told I have already spent an year in college and as per rules I can get CPT after 6 months so they offered me CPT. Details about the participating company in the CPT program; How many hours of CPT;and; Proving that CPT was an integral part of the curriculum and participation was required. The above are but few RFE questions that we have encountered in several change of status applications or for OPT, H1B, and H4 visa/H EAD applications. This RFE is asking about my all student records, CPTs, paystubs during CPTS. If u did, then you are in real trouble. It allows an Indian (or any foreign national) to work in the U.S. We can work on CPT for 8 hours. It’s been 28 days since my SEVIS got terminated and a week back university DSO opened a ticket to reactivate my SEVIS. Provide what you have. All rights reserved. You abused CPT. Second opinion] Hello,I am doing a CPT . check out the. Many people currently working on OPT or H4 EAD will need to immediately switch to the H1B job with ‘COS’ approval. i had the same case. In this case, that's true that H1 is approved and H1 visa might be issued but according to rules it's clear that he abused CPT program. I am bit worried about  getting H1 from CPT and then quitting the course. And I was working on H1 for last 3 years and My visa got transferred 2 times in between. If H1B is approved with COS, the approval notice of H1B would have I-94 attached to the approval notice. Looks like you still didn't understood the meaning of CPT work. Copyright © 1999-2021 immihelp®.com. Here’s Series of Steps to Expect After H-1B Visa Petition Approval by USCIS. The university has asked me to fill a form in which I have to say the date in which I will be leaving the country. You won't be filing her H petition, her prospective employer will; likely it will be the same employer she works for on CPT. During PhD i had already spent one year in college. 1. It is likely that that will affect the H1. I have graduated as MS in Engineering and worked on OPT but not selected in 2014 H1B lottery. CPT is a status of a student. So i  transferred my course to ******* University. See below screenshot. They likelywant to know if you were really a student during this time. On the approval receipt, USCIS mentioned that my petition is approved but the beneficiary was out of status when petition was filed. My employer is sponsoring me H1B for 2015 based on my first Master's degree. 3) Make sure that you have a plan if your CPT expires prior to July 1st, 2019. i got my H1B approved but COS got denied. sumit9881@gmail.com, May 27, 2014 in H1B : General. You need to be a member in order to leave a comment. Now I got one job offer from Employer B. She is expected to start her CPT by September. It isn't. As far as CPT is concerned they will deny your change of status. It could. H1B Visa: International Students, Importance of STEM, OPT & CPT Jun 10, 2020 The H1B visa is a non-immigrant employment-based visa. H1B Visa Petition Approval Case Status. If we work on CPT for 8 hours, those many days will be deducted from OPT. Employer B applied for H1B which is approved with a change of status and start date Oct 1st 2015. I am assuming this is due to my CPT of more than 12 months at same education level. Also, if you going for second Masters, you are not eligible for CPT from Day 1, it is a misconception that you have already been in US for two semesters. All Rights Reserved. It will state the Class of Visa as H1B and the start and end date of that status. H-1B visa is one of the most popular non-immigrant visas for foreign nationals. so you should be ready to leave the country as soon as you get the decision by the USCIS. Only an employer can. 4) Check your offered salary against the DOL prevailing wage to make sure your offered salary is high enough. © 2018 Murthy Law Firm. Approval Notice (I-797) will be mailed to your attorney via USPS slow mail (I-797 Approval Notice) The attorney will send the Approval Notice and other documents to you (or Employer) You can schedule the H1B Visa Interview at the U.S. … That is fine. But  I wanted to get H1. For Both of the below cases I am not talking about waiting till Oct 1. Check with your attorney whether you violated any immigration law by doing CPT. F1 CPT to H1B. She will be fight in the spot among the 65,000 not the 20,000. I am currently working for employer A on F1 CPT. I am having CPT work status. Yes you can work for 8 hrs on CPT, but that work should be part of your F1. I am in the same boat. She has nothing to gain by switching to H4EAD as long as she has CPT, and subjects herself to the risk of you losing her job. These fraudsters falsely claim that their issuance of CPT is "legal." Yes she can. How can you work as FTE when you are on F1 status?? If you’re on CPT, you’ve not done anything wrong if you’ve followed all the F1 requirements. Giving up her F-1 is too much risk for no reward, unless she really wants a job outside her field of study. I reached out to my DSO for a SEVIS data fix. Using Day 1 CPT may not affect H1B approval. And remember one more thing nothing is … But not for FTE. They might think it is wise to apply for Masters and work on CPT (Curricular Practical Training) in the US. This page was generated at 07:12 AM. Sign up for a new account in our community. For example, internship that's part of your F1 so you can use CPT for that. I am planning on dropping off school immediately (I do not want to continue paying for school, and I want to get as much refund as I can). No real university would claim such a thing, and no real university would "offer" CPT. Would you have any opinion with regards to the first query of mine ? 2) The H-1B Quota will probably fill quickly. do whatever you would like to do. By denying your change of status to H1B, the USCIS made a determination that you have violated your F-1 status and you are no longer considered to be maintaining status. Looks like there a new rule coming into place from August 8th where anyone doing more than 12 months Cpt would be considered illegal. If this is your first visit, be sure to If she gives up her CPT she isn't likely to get it back. There I got CPT and while working on CPT within 2 months I got H1 and then I discontinued my course. CPT is not issued by USCIS so they doesn't know about CPT work. thanks. In other words: About 38 H1B Visa Petitions were Denied for every 100 after RFE's were issued. What are the reasons for USCIS to issue an RFE for H1B Visa applications? If you lose your job you can get F-2 and stay in the United States to search for a new job. No. You are in trouble after 3 years. it does make sense. - I have my 140 approved. All those who are keen on working in the US, and could not get through the H1B visa lottery, may still look for ways to work abroad. My current employer A applied for H1 but did not get any status update. Application for H1 has got nothing to do with the applicant's current status. I would like to transfer the approved H1B from Employer B to Employer A for a new position ( different from my current position at Employer A). My company will apply for my H1b in April 1st 2014. This for all people who are doing 2nd masters in day 1 CPT colleges as their H1-b wasn't picked first time. I was in F1 visa and working under CPT. My H1B has been approved and it is already effective. Looks like you still didn't understood the meaning of CPT work. You are attending a Day 1 CPT university for second Masters degree and your fiancee got H1B visa this year. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind. But in your case, your CPT job and H1 job are one and same, so how can that CPT work considered as part of F1. All posts are moderated, so it will take time for your post to appear! so, did u start working on CPT from day 1? OPT Vs H1B - Differences between OPT and H-1B. Therefore, you are no longer eligible for any F-1 benefits, including CPT authorization. ok thanks. 62.3% of H1B Visa applications issued RFE were approved for FY 2018. By If my H1B gets picked and approved, mostly the start date would be Oct 1. Due to some reason I had to quit the course and I wanted to join a job. Looks like you have abused the CPT program. If my H1B gets approved in, say may 25 2014, will that cancel my CPT or my F1 status? So whats' the difference between your CPT job and H1 job?? Yes you can work for 8 hrs on CPT, but that work should be part of your F1. On the other hand, Optional Practical Training (OPT) program is a predominant working option among international students on F-1 visa. Top 10 Reasons for H1B Visa RFE's issued FY 2018 along with CPT has to be an integral part of the curriculum. For example, internship that's part of your F1 so you can use CPT for that. This is referred to as filling the "cap-gap," meaning the regulations provide a way of filling the "gap" between the end of F-1 status and the beginning of H-1B status that might otherwise occur were F-1 status not extended for qualifying students. Not affiliated with any government agency. With Day 1 CPT, you may not even get H1B approved with Change of Status (COS) as USCIS usually treats Day 1 CPT status as not legal. Most probably they will approve your h1b if you have a project. If H1B is approved while on CPT, can I convert my degree in part time ? But not for FTE. It's easy! Answer: Day 1 CPT and H1B are two different immigration statuses. It is not CPT abuse.