F1 CPT to H1B

[kartheek777]

I filed my H1B when i am on my F-1 OPT last year (2019), I got an RFE asking for some documents and i responded. And they gave me a second RFE (Meanwhile i joined a university Second Master's degree to maintain my F-1 status, because in the last minute no PHd admissions are available). My OPT ended on Jan 29,2020

In the second RFE , they have asked me for Employer -Employee relationship and Specialty Occupation(Not sure why because my bachelors and masters are in Computer science). 

Now i got an NOID (Please see the attached document) mentioning that "More than 12 months of practical training on same degree and I violated F-1 policy" And also asked me to send all required documents required by the university before Feb 24, 2020.

I am not not sure what to do currently, My attorney aksed me to decide whether to go for consular processing or reply to this NOID.

Please suggest me what option do i need to go with at this time.

 

Thanks

 

[poojB]

On 2/11/2020 at 11:36 AM, kartheek777 said:

I filed my H1B when i am on my F-1 OPT last year (2019), I got an RFE asking for some documents and i responded. And they gave me a second RFE (Meanwhile i joined a university Second Master's degree to maintain my F-1 status, because in the last minute no PHd admissions are available). My OPT ended on Jan 29,2020

In the second RFE , they have asked me for Employer -Employee relationship and Specialty Occupation(Not sure why because my bachelors and masters are in Computer science). 

Now i got an NOID (Please see the attached document) mentioning that "More than 12 months of practical training on same degree and I violated F-1 policy" And also asked me to send all required documents required by the university before Feb 24, 2020.

I am not not sure what to do currently, My attorney aksed me to decide whether to go for consular processing or reply to this NOID.

Please suggest me what option do i need to go with at this time.

 

Thanks

 

When was your CPT? Dates?  Are you doing day1 CPT on Iind masters? 

[User099]

You might have run this my an other attorney for second opinion. But you can't have more than 12 months of OPT for same degree. You can try your luck by going thought Consular processing. 

[gopalakrishnach]

Yours have lot of RED signs... Maybe consular better.. I maybe wrong...

[JoeF]

On 2/11/2020 at 10:36 AM, kartheek777 said:

I filed my H1B when i am on my F-1 OPT last year (2019), I got an RFE asking for some documents and i responded. And they gave me a second RFE (Meanwhile i joined a university Second Master's degree to maintain my F-1 status, because in the last minute no PHd admissions are available). My OPT ended on Jan 29,2020

In the second RFE , they have asked me for Employer -Employee relationship and Specialty Occupation(Not sure why because my bachelors and masters are in Computer science). 

Now i got an NOID (Please see the attached document) mentioning that "More than 12 months of practical training on same degree and I violated F-1 policy" And also asked me to send all required documents required by the university before Feb 24, 2020.

I am not not sure what to do currently, My attorney aksed me to decide whether to go for consular processing or reply to this NOID.

Please suggest me what option do i need to go with at this time.

 

Thanks

 

If you are doing CPT from day 1 that is illegal since you have used OPT for the same level already.

You have 1 year of practical training per educational level (plus potentially STEM OPT). That 1 year includes OPT AND CPT. Since you already did OPT, you are not qualified for another CPT or OPT on the same educational level. If you work with CPT you are working illegally, and have to immediately stop.