H1B Ending in May

[Rena Dany]

My H1B is ending in 22 May 2019. 

My LCA perm has not been filed yet, how much time does perm and I-140 approval takes ?

In the worst case do I need to leave country or can I do second masters and be on CPT ?? 

 

[JoeF]

You can not do CPT. That would be abuse of CPT and would kill your future in the US.

Geez. Why do people still think they can break the rules???

[Rena Dany]

I was not trying to break the rules. Just trying to get some information. 

Or Can I switch to F2 visa as my husband is on F1 visa and wait for my perm and I-140 to get approved ?? Would appreciate if you could guide if you have some information ? 

[pontevecchio]

Your PERM will take longer than your H1 expiry. You will have to leave then till the PERM is pending 1 year when you qualify for one year extensions of H1 beyond 6 years. You can change status to F2.

[JoeF]

In principle it is possible to change to F2, as long as an I-140 isn't filed.

But it is clear that you have immigration intent, given that you talk about filing an I-140. So, it could be seen as problematic. It could come back to hurt you later on if your file is reviewed, and the timelines are seen.

Per the letter of the law a filed I-140 indicates immigration intent, and an F2 doesn't allow immigration intent.

[Kris2h]

You can extend H1b after 6 years only either I-140 is approved or GC perm is filed and in process more than 365 days.

Doing second masters for CPT is not illegal as you are following whats allowed legally. As a back up you can even apply for canadian PR.

Both F1 and H1 are non immigrant visas.

Even Melania came to US on h1 which is non immigrant clearly she had different intent in mind 😉 Ignore the noise if you are following the rules legally.

 

[JoeF]

1 hour ago, Kris2h said:

You can extend H1b after 6 years only either I-140 is approved or GC perm is filed and in process more than 365 days.

Doing second masters for CPT is not illegal as you are following whats allowed legally. As a back up you can even apply for canadian PR.

Both F1 and H1 are non immigrant visas.

Even Melania came to US on h1 which is non immigrant clearly she had different intent in mind 😉 Ignore the noise if you are following the rules legally.

 

No real university gives out CPT from day 1. These are all frauds. CPT from day 1 is abuse of CPT. And USCIS nowadays cracks down on such abuse. Legitimate CPT is very rare, and real universities don't go and advertise CPT.

And the H1 is dual intent, so you mentioning Melania is just noise. As you said, the OP should ignore noise, like your post.

[Rena Dany]

thanks for the information. 

So I can have both F2 and H1B perm application going together ??