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kvnsandeep

OPT Expired & Need Suggestion to Apply H1B Next Year ..

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Hi Freinds,

I need valuable Suggestions for the situation iam in right now ??

Thanks In Advance ..

My OPT expires this July along with Extension and cannot make the H1B Quota ..

1. if i join a University and work on CPT until April 2013 then apply my H1b will i get approved since i will be still a Student with 2 or more semsiters Left ???

2. Can i apply H1b in April 2013 and stop going to college ??

will the college come after me ??

3. is it better to convert to H4 visa and apply H1b next year ??

4. any other Suggestions are welcome ??

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Forget CPT. Cut that acronym out of your vocabulary. No real university issues CPT to a new student.

CPT is also not for working in some arbitrary job.

Trying to use CPT would kill your career in the US, and could result in you getting into lots of problems, up to deportation.

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There are few good univ's which can provide cpt too. In your situation its better to go for h4 and then apply for h1 if you get any sponsors . But going on h4 is just as risky as this one.

You will have to take cpt till next Oct . Univs wont bother you if you are not interested

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As has been posted many (many) times before ...

  • An F-1 visa is a student visa for full-time studies at (physically) an accredited university, and does not have dual immigration intent.
  • An H-1B visa is an employment visa for working, and does have dual immigration intent.

These two visa types are therefore not compatible. One cannot use an F-1 visa + CPT as a ‘bridge’ to keep working when there is a gap in employment visas or other employment authorization.

With respect to the topic at hand, remember KIS (see below), and change to an H-4 visa and stop working, and then find a employer with full-time (or at least EC) employment for an new H-1B.

The primary personal rules for immigration are …

  1. Always be 100% truthful and honest in all dealings, whether on forms, submitted documentation, or verbally, with the government, university, and employer. Providing false information is lying and a fault, punishable by fines, incarceration, and being banned from entry into the U.S. Follow not only the letter, but spirit of all immigration laws, regulations, and rules.
  2. KIS -- Keep It Simple. Doing things like switching employers, EV…C employment, switching visa types, attending questionable universities (versus state or well respected private schools) only serves to complicate matters, and makes one more likely to have issues and run afoul of the USCIS.
  3. Know when your visa dates and next steps / options, plan ahead, and take action accordingly. Leaving things to the last month or two will almost always cause unnecessary problems (remember KIS).
  4. Use the services of a qualified, experienced immigration attorney for questions and advice. Do not rely on friends, forums, Internet articles for factual information. Immigration matters are unique to each individual’s situation. Just because it went a certain way for one person does not mean it will go the same way for another person in a ‘similar’ situation.

If all immigrants followed these rules, we would all have far less issues and problems going through the immigration system. Thank you.

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