H1B TO F1 TO H1B -Urgent

[Rave]

Hi all,

 

Seeking your kind attention on below queries :

 

Entered US on F1 Visa (2007) --> Completed MS Mechanical Engineer (2009) --> Was on OPT from (2009-Sep'2011) --> Worked for a company which sponsored H1B Visa and was on H1B from Oct'2011 --> Validity of Visa Oct'2011 - 31st Aug, 2014 --> Got laid off due to economical problems in company on 10th July,2013  --> Company notified to USCIS regarding  lay off on 18th July,2013 --> Opted to pursue academics in Information tech. College and applied for Change of status from H1B to F1 and H4 to F2 for dependents in Aug,2013 --> USCIS sent receipt of documents mail on 8th Aug,2013

 

Currently, F1 is under approval.--> Got JOB offer in VA, employer is fine with to work on CPT and later he shall also sponsor for H1B.

 

Kindly suggest on below :

 

1) Without F1 approval can one apply for CPT, will CPT application be approved. If approved, do one face any issues in near future in converting  visa from F1 to H1B.

 

2) If CPT is not a good option or CPT approval is denied and if employer is willing to sponsor H1B immediately. Can one apply for change of status from F1 TO H1B before F1 being approved. If yes, What is the process involved to apply for COS from F1-H1B.

[pontevecchio]

Why is he not filing a non cap H1 petition for you? Talk to a Lawyer NOW before you make mistakes which can land you in serious trouble.

[JoeF]

Avoid CPT. CPT is not for working in an arbitrary job.

Abuse of CPT will kill your career in the US.

[Rave]

Why is he not filing a non cap H1 petition for you? Talk to a Lawyer NOW before you make mistakes which can land you in serious trouble.

 

Thanks a lot for your response. Could you please tell me what is NON CAP H1 petition. How do I check am I eligible for it..?

 

Kindly reply.

[Rave]

Avoid CPT. CPT is not for working in an arbitrary job.

Abuse of CPT will kill your career in the US.

 

I appreciate your response. Could you please let me understand Why CPT is not a good option.Also, can the new employer file for H1B before obtaining my previous change of status for F1 being approved.

 

Kindly reply.

[pontevecchio]

CPT is only legal when part of a curriculum. Secondly you have finished 2.5 years in H1 status and are eligible for the remaining 3.5 years without being subject to the cap.

[Rave]

CPT is only legal when part of a curriculum. Secondly you have finished 2.5 years in H1 status and are eligible for the remaining 3.5 years without being subject to the cap.

 

Appreciate your response. Kindly let me know can I go ahead and apply for non CAP H1 petition premium with my new employer though COS for F1 is pending. If yes,kindly brief the process how to apply for H1B and how to withdraw the pending COS for F1. Await for your reply.

[t75]

Your employer will file in the typical manner. His attorney will assist in all required processing.  There is nothing for you to do except attend class until you have new H1B approval.