H1B pending and opt cap gap completed. Want start working again.

[Rajkumaran]

Hi,

My H1B application is pending and opt cap gap is expired Sep 2017. I had contacted my old college to transfer my sevie to new university - they told me that my sevies is in "complete" status and transfer is not possible and advice me to wait until the H1B decision. Currently, the H1B visa processing time is slow and my employer is not upgrading to premium process.  

Currently, I'm on vacation and I want to start working on cpt again until the H1B decision.

I already have 2 admits in Day1 cpt colleges -

Please suggest me - if any of the below case will work of my case

1) Would I be able reinstate  my sevis and transfer to Day1 Cpt college and start working. Since my sevis is in complete status , but not terminated - if yes, please advise me with the process to reinstate my sevis .

2) Do I need apply new sevis and cross the boarder? if yes , would it effect my H1B petition.

Please Advice / Suggest me - if any one have solution for my case

Your help greatly appreciated !

[JoeF]

No real university does CPT from day one. Signing up with a fraud institution is a really bad idea. It would kill your future in the US, and you wouldn't get an H1.

Also, since you have used OPT, the rules don't allow getting CPT or OPT for the same educational level.

An F1 is for studying, not for working.

Forget CPT. Cut that acronym out of your vocabulary.

[shekar11#]

8 hours ago, Rajkumaran said:

Hi,

My H1B application is pending and opt cap gap is expired Sep 2017. I had contacted my old college to transfer my sevie to new university - they told me that my sevies is in "complete" status and transfer is not possible and advice me to wait until the H1B decision. Currently, the H1B visa processing time is slow and my employer is not upgrading to premium process.  

Currently, I'm on vacation and I want to start working on cpt again until the H1B decision.

I already have 2 admits in Day1 cpt colleges -

Please suggest me - if any of the below case will work of my case

1) Would I be able reinstate  my sevis and transfer to Day1 Cpt college and start working. Since my sevis is in complete status , but not terminated - if yes, please advise me with the process to reinstate my sevis .

2) Do I need apply new sevis and cross the boarder? if yes , would it effect my H1B petition.

Please Advice / Suggest me - if any one have solution for my case

Your help greatly appreciated !

You are taking a huge risk. Why can't you wait till H-1 decision comes out? Taking CPT will slim your H-1 approval chances and also your future H-1's.

[Rajkumaran]

I have a question - currently, my sevis  is in "complete" status and my H1B Case is still in pending status. Would the sevis  in "Complete" status have any negative effect on my H1B decision. Some of the people whom i contacted for information on this case - saying that "sevis   should be in Active status for get H1B Appoved. In the complete status it would be denied".  It is true?

Is it legal to stay in america - Until I get H1B decision with completed status on sevis

 

 

[JoeF]

That stuff about Sevis in active status is not true. You had to be in valid status when the H1 was filed to be able to get a COS approved.

You are legal while the H1 is pending. You can't work, though, until the H1 is approved.

[Vinny91]

Hi,

My opt ext. Is expired on feb 2019 and during my 60 days grace period my h1 got picked. With that receipt i have applied for cap gap ext and it got extended upto sept 30. Now, my sevis says its completed and uscis sent me a new RFE asking for my nonimmigration status after oct 1. They are asking to change the sevis status to active by my DSO. 

I have approached my dso regarding this RFE and he says after oct1 i am in out of status and need to leave the country immediately. 

In both uscis and dhs websites clearly states that until my h1b is approved i can legally stay in the USA.

Now, i dont know how to approach this problem, uscis cannot change the status until they see the proof of my sevis status. My lawyer is also confused about this situation.