H1B (maxed out) to H4 to F1 and CPT Eligibility

[Girish Kumar]

Hi,

I entered US on H1B visa in April 2011, on which I worked for 6 Years as a Programmer Analyst, before it maxed out in June 2017. I did not apply for a Green Card, as we were planning to move back to India and so changed my status to H4 visa, as a dependent for my wife (on H1B). Due to my wife's work situation, our for-good move to India delayed for another 2 years and so i had been researching on studying and completing Master’s degree in the mean time, for better prospects and opportunities in the future. In my research, I came across few questions and need your help in taking up this study.

 

1) Is it possible to apply for COS to F1 from H4 visa ? And how likely to get this F1 approved ?

I found that I can study being on H4 visa as well, but only being on F1 allows me to apply for CPT. This gives an oppurtunity for me to apply my study knowledge in the real time, as my choice of Master's degree needs this real time application during study for better understanding.

 

2) Even if my H4 to F1 visa COS is approved, will I be able to work with CPT, considering my prior work in US on H1B visa for 6 Years ? Is there any limitation about the number of years working in US, with H1B and CPT combined (considering no I-140 or H4 EAD available) ?

 

Please help me on the same.

 

Thanks,

Girish

[JoeF]

No real university gives out CPT from day one. Concentrate on studying, not working.

[Girish Kumar]

On 3/25/2018 at 11:17 AM, JoeF said:

No real university gives out CPT from day one. Concentrate on studying, not working.

Thanks for your reply and concern sir. I was not looking at a Day one CPT. I am in contact with few Universities who said can offer CPT after 9 Months or 1 Year. I am talking about that. Also, if I cannot work, because of my H1B maxed out, even after completing my studies, then what is the point in me taking up Master's degree program. Finally, I am studying for a job and not just for knowledge. Hope you understand.

[Girish Kumar]

On 3/25/2018 at 11:17 AM, JoeF said:

No real university gives out CPT from day one. Concentrate on studying, not working.

Hi Joe, the main reason for this question posted here is about my work possibilities after my graduation. As I worked on H1B for 6 years and maxed out, after my graduation will I be able to apply for fresh H1B or an extension of my previous H1B ? Or still I need to go out of the country for an year and apply for fresh H1B ? If I cannot work post my graduation, there is no reason for me to study now. Please clarify.

[JoeF]

To qualify for a new H1, you absolutely have to be outside the country for at least a year before an employer can file a new H1.

It is possible to work on F1/OPT in the field of study after graduation; depending on the field of study, the OPT STEM extension may also be available.

Work on CPT is limited to internships required as integral part of the curriculum. It essentially has to be required to get the degree, every student in the degree program would have to be required to take such internships. That's why legitimate CPT is very rare. And due to abuse, CPT is nowadays a big red flag, making getting another H1 much more complicated, or even impossible.

[satya2k1]

On 3/24/2018 at 10:14 PM, Girish Kumar said:

Hi,

I entered US on H1B visa in April 2011, on which I worked for 6 Years as a Programmer Analyst, before it maxed out in June 2017. I did not apply for a Green Card, as we were planning to move back to India and so changed my status to H4 visa, as a dependent for my wife (on H1B). Due to my wife's work situation, our for-good move to India delayed for another 2 years and so i had been researching on studying and completing Master’s degree in the mean time, for better prospects and opportunities in the future. In my research, I came across few questions and need your help in taking up this study.

 

1) Is it possible to apply for COS to F1 from H4 visa ? And how likely to get this F1 approved ? Maybe 6 to 10 months, or more.  Easier way is to get F1 visa stamp from outside and enter with F1 status.

I found that I can study being on H4 visa as well, but only being on F1 allows me to apply for CPT. This gives an oppurtunity for me to apply my study knowledge in the real time, as my choice of Master's degree needs this real time application during study for better understanding.

2) Even if my H4 to F1 visa COS is approved, will I be able to work with CPT, Yes, you can work on CPT if that is part of your curriculum) considering my prior work in US on H1B visa for 6 Years ? Is there any limitation about the number of years working in US, with H1B and CPT combined (considering no I-140 or H4 EAD available) ?  You have already maxed out your H1B, so there is no option of H1 for you unless your spouse has approved I-140 or GC in process for more than 365 days, then you can get H4-EAD. 

Be Cautious, if you work on CPT for more than 11 months while studying, then you will not be eligible for OPT after graduation.. so even after your graduate while working on CPT for more than 1 year you won't be eligible for either OPT or H1.. so you cannot work after end of CPT. 

To get fresh new H1, you have to be physically outside the USA for 1 year to reset your H1 clock. 

Please help me on the same.

Thanks,

Girish

 

[Girish Kumar]

On 3/30/2018 at 9:58 PM, JoeF said:

To qualify for a new H1, you absolutely have to be outside the country for at least a year before an employer can file a new H1.

It is possible to work on F1/OPT in the field of study after graduation; depending on the field of study, the OPT STEM extension may also be available.

Work on CPT is limited to internships required as integral part of the curriculum. It essentially has to be required to get the degree, every student in the degree program would have to be required to take such internships. That's why legitimate CPT is very rare. And due to abuse, CPT is nowadays a big red flag, making getting another H1 much more complicated, or even impossible.

Thanks for your answer and suggestion.

[Girish Kumar]

On 4/3/2018 at 11:06 AM, satya2k1 said:

 

Thank you Satya. I will definitely keep in mind about this CPT period.