h1b approval after CPT

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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. My company will apply for my H1b in April 1st 2014. If my H1B gets approved in, say may 25 2014, will that cancel my CPT or my F1 status? Since the H1B doesn't really come into effect, until October 1st of 2014, do you think I can continue working for my employer using the remaining CPT and when CPT expires, can I continue to attend school as a full time student, until H1B kicks in? Does my status change take effect when H1b is approved or when the H1b kicks in on Oct 1st, 2014? I have heard that when I apply for H1B, my company can request for change of status in the application?

zeepa · Feb 18, 2014 8:51 AM · 22,272 views

9 Replies

zeepa, a friend of mine was in a similar situation. While on CPT she her company applied for H1B and she was approved. She however had to drop out of classes and become only a part-time student.

paroo · Feb 18, 2014 9:22 AM

Paroo, would you mind sharing her contact info so I can get some advice please? That would really help me out a lot.. zeepathapa@gmail.com

zeepa · Feb 18, 2014 9:33 AM

I've sent you and email. Hope it helps.

paroo · Feb 18, 2014 9:46 AM

Paroo, Can you please let your friend know that she might have just received an email from me? Please? Thank you!

zeepa · Feb 18, 2014 10:39 AM

USCIS will update your H1B status starting Oct 1. So till then you will have to maintain your F1 Status. Regarding your school, after H1B, the school will have to update the change in record as not an international F1 Status. I think this differs with each school and their "policy" regarding the part time and full time school. Do share your finding in the post.

jobguruji · Feb 18, 2014 12:35 PM

Make sure BU knows about it, if not u know it? lol

rk11 · Feb 18, 2014 3:54 PM

You can work with your CPT before Oct 1st if you have maintained your F1 (CPT) status. Once H1B approved, ask your international adviser to update your status with USCIS. Even if your H1B approved on April, you still have to maintain your status before your H1B starts.

damauli_guy · Feb 18, 2014 4:36 PM

There are lots of scenarios for your situation. 1. You don't have to worry about OPT because I assume you used your OPT more than a year. IF "yes" you are no longer eligible for OPT since you used it for more than a year. 2. You have to maintain your status(CPT if you want to work even if your H1B is approved) If not you can start working once your H1B gets approved. 3. Your employer will request for change of status but it depends the situation because USCIS may ask for your college documents as an additional proof during your H1B process and there might be chances where they might deny your change of status and approve your H1B, so in that case you have to continue your CPT or get the stamping from somewhere else to get your change of status approved. 4. If your H1B gets approved then you have to contact your adviser from your school to get your status updated. In that case you will no longer be on CPT/F1, You will be moved to H1b status. Just sharing my experience. Let me know if I confused you.

haku_theblack · Feb 20, 2014 9:56 AM

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 NEPAL..bihegarnu,,bachha janmanunu.ama bau lai pani yeso hernu...moj garnu.. :) good luck..

sojoketo · Feb 20, 2014 11:42 AM

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