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Arasun

GC process on CPT

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Hi,

I am  an IT professional in Atlanta, GA. My H1B petition for FY2019 was picked and rejected due to misprinting of routing numbers on the checks. My employer opened a service request to reconsider the case which we did not hear back from uscis yet. I have consumed my stem opt period and have to enroll into college again.

Recently my employer reached out to me saying they will initiate GC process along with this year H1B filing . I just wanted to know is it possible while iam in cpt status to file GC? What will be the implications if my I140 is approved and my h1b doesn't get picked /delayed in approval? Any other things i should worry about?

Thanks..

Edited by Arasun

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No my employer did not charge me any fee till date. Also got to know none for this year H1/GC petitions unless i want to do a premium processing(I have to pay the extra amount for premium processing).

 

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You can file for a GC while on F1. But PERM and I140 will not give you any legal status to stay in the country if you H1 is not picked. Its better you talk to an attorney to understand the full process of a GC and how it might impact you if you have to go for F1 extension stamping (if needed) or while traveling on F1 and what to expect at a Port of entry.  

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If you have already completed Stem OPT, you might not be eligible for CPT and signing up for such a college might impact your H1b and GC processing. I would suggest you discuss your options with a good immigration attorney. USCIS has been cracking really hard on CPT misuse and you have a strong chance of getting an RFE on you H1B petition due to the CPT.

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Hi!

In general, while it is permissible to initiate the processing of a GC (Form I-140) while one is on F1 status, the I-140 approval in itself will not provide any requisite legal status to continue one’s stay in the U.S. unless the priority date becomes current. It is important that you maintain your status (F1/H1B) in order to continue staying in the U.S.

It may be relevant to note that if one is enrolled in a college just to remain on valid status within the U.S. and that too in a college that offers CPT arbitrarily, the F1 student may run into issues while change of status application from F1 to H1B is being considered by the USCIS.

Therefore wight all options and take an informed decision. If in doubt, please consult a qualified attorney.

 

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