H1B denied, OPT expiring in 30 days, MTR - CAP Gap

[ragzreddy11]

Hello Everyone,

 

H1B petition denied early this month as my contract was getting over before October 2015. Now my contract is extended to atleast Dec 2015, so I am doing a Motion to Re Appeal, with a new SOW. It takes about 4 to 8 weeks to get a response from USCIS.

 

My OPT is getting over on July 20 2015. Since my H1b is denied, seems that I am not eligible for CAP Gap. After July, I being on 60 day grace period, shouldnt be working, legally. So to keep myself in the status after July, I am trying to register for a Course program and get a CPT so that I could work. But unfortunately, there are no schools atleast that I know off, that begin unless Sept 4th 2015. The latest I could get a CPT and start work is Sep 4th.

 

What are the chances that USCIS would know about my OPT expiration and contact me sometime in the month of August, asking if I am currently working ?  

If they do, what should be my reply to them ?

Could this lead to my petition denial again ?

 

Please help! Will appreciate anyone's response.

 

Thanks

Raghav

[jairichi]

Do not even think of performing unauthorized employment. And, the CPT you are suggesting is completely illegal. Doing that will be equivalent to saying good bye to your career in US. Stop working when your OPT is done. Exit US after expiry of grace period.

[rahul412]

Forget abotu CPT, this will kill your work career forever. 

Next time find a real employer, not a consulting firm. I guess this H1 is gone. 

Again, never think about CPT. Do you know why students got arrested and deported few yrs ago?

[JoeF]

That would be abuse of CPT.

It would kill your career in the US.

No real university would give out CPT just for signing up. And CPT has never been for work in some arbitrary job.

[USADreams]

You can start a school or at end of grace period exit US . Taking any shortcuts or doing any thin wrong will cause you lot more trouble . 

[ragzreddy11]

Hi All,

 

Thank you for the information. I have decided not to work after my OPT expires.

 

If I am not working after July, then what are the chances for my H1 Approval or Denial ? Would the USCIS ask me about if I am employed or not ?

 

Please let me know

 

Thanks

[rahul412]

Hi All,

 

Thank you for the information. I have decided not to work after my OPT expires.

 

If I am not working after July, then what are the chances for my H1 Approval or Denial ? Would the USCIS ask me about if I am employed or not ?

 

Please let me know

 

Thanks

You cannot stay in US after your OPT expiration. MTR will not provide any legal status, you can try B2.

But chances of H1 in your case are low, next time find a real employer not a consulting firm.

[jairichi]

Hi All,

 

Thank you for the information. I have decided not to work after my OPT expires.

 

If I am not working after July, then what are the chances for my H1 Approval or Denial ? Would the USCIS ask me about if I am employed or not ?

 

Please let me know

 

Thanks

H1B approval is based on documents submitted.