L2 with EAD: Will be turning to H-4 this October

[SeekHelp]

Current visa status L2 with EAD: Will be turning to H-4 this October

My self(L2 visa, came to US on June 2009) and my husband(L1 visa) came to US on Dec 2008.

On 2013 he filed his H1B visa through same company and it got approved.

Earlier I was working as a contractor in several companies. Currently I'm working for fulltime in American company from Jan 2013.

My employer applied for H1 but I did not get selected in the lot.

Doubts:

1. If I get CPT, will I be able to work from the day one? As the day one starts only by October 2013??

2. Since we tried to get H1, we did not think about H4 for me. So do we have time to get H4 at least?

Please respond with the thoughts through which I can keep working

Appreciate for any response.

[Attorney_11]

An F-1 student may be authorized to participate in a curricular practical training (CPT) program that is an integral part of an established curriculum. Curricular practical training is defined to be alternative work/study, internship, cooperative education, or any other type of required internship or practicum that is offered by sponsoring employers through cooperative agreements with the school. A request for authorization for curricular practical training must be made to the University. A student may begin curricular practical training only after receiving his or her Form I-20 with the University's endorsement. In effect, one would have to be enrolled in school and had their status changed to F-1 prior to being eligible for CPT, along with other course and program of study considerations which differ from university to university. Taking into account the nature of the definition of CPT, it is highly suspect when it is offered "from day one." One would have to check and double check to ensure all regulations are being followed to ensure proper maintenance of status. Many highly publicized raids of universities who have allegedly run afoul of CPT and F-1 regulations are well known to have caused significant hardship to enrolled students who allegedly knowingly or perhaps unknowingly engaged in unauthorized practices and less than the required amount of study. A change of status application to H-4 may be filed prior to the termination of present status. Personalized legal advice is best sought through a paid legal consultation with competent and credible immigration counsel.

[JoeF]

1. If I get CPT, will I be able to work from the day one? As the day one starts only by October 2013??

CPT is not for work in some arbitrary company.

I suggest you forget about CPT. That is not going to work.

And universities have application deadlines. The application deadlines for Fall quarter are long over.

Please respond with the thoughts through which I can keep working

You can NOT keep working.

You can get an H4, and would have to stop working on Sept. 30.