JoeF

You already got OPT for a Master's. You could get another OPT only for a higher educational level, not for an MBA, which is also a Master's. If the degree falls under STEM, you may be able to get the STEM OPT. You won't be able to change to F1 after an I-140 has been filed, because the I-140 shows immigration intent which is not allowed on F1. And you can use the remainder of the H1.

The issue is that 8CFR214.2(f)(10) says that a person on F1 can have 1 year of Practical Training (excluding STEM OPT) per academic level. So if you have used some CPT, you would only be allowed 1 year minus the time on CPT for the OPT. Now, in the past people got 1 year of OPT when they didn't use 1 year of CPT. But USCIS nowadays goes more by the letter of the law.

No.

You already got an answer. The answer doesn't change.

That H1 is gone. The project has to exist the whole time until the H1 starts. A new LCA would not help. The old LCA is not valid anymore and with that the basis for the H1 is gone.

You can study while on H1, as long as you continue to fulfill the H1 requirements, i.e., working for the employer. CPT or OPT does not apply to you. These are part of the F1. And if you want to change to an F1 you would have to attend classes in person. The F1 does not allow online studies.

If you have not been paid from Dec. 30 until your employer laid you off on Feb. 8 you are out of status. The employer tried "to place you" in January, that means they still considered you an employee, and they had to pay you. On H1 you have to be paid as long as you are employed, even if your employer doesn't have a project for you. Any new H1 or H4 would not be approved as EOS/COS. You will have to leave the country and either get an H4 visa or wait for an H1 approval abroad.

An H1 becomes invalid as soon as you leave the old job. It does not matter how long USCIS takes. And it is completely irrelevant for you. Why do you think the new petition could get denied? Is the new employer a shady consulting company? H1s from real employers rarely get denied.

You already got answers (from me) in your previous thread. The answers don't change, no matter how often you post.

No. Find a better employer, not some shady consulting company.

Looks like the only thing you want is working with the CPT. That is abuse of CPT. Are you so eager to kill your future??? If you want to study, enroll in a real university, a public one. Forget CPT. If you want to work, find a real employer, not some shady consulting company, to file an H1 for you.

You need to submit the pay stubs. Or you can not answer the RFE. In both cases, the change will get denied and you will have to leave the country because you are out of status. Ignorance of the rules is not an excuse.

That's what you get for working in a multi-vendor environment... Non-compete/non-solicitation clauses are usually valid (except in California), but you should have your case checked by a labor lawyer in your state. You actually should have done that before signing the contract. Know what you are signing... It is common sense...

These are the rules. No way around that.

She has to get a new EAD, since the previous one b came invalid when she changed to H1.