H1b Denial possible Options

[ravi1432]

Hi guys my H1b got denied Yesterday and I Still have valid F1 visa until July'17. I'm currently in india and applied for CPT from a University.

So my question is that will my status still remain as f1 as I have it till  July'17.  So could you guys please help me on this?

[rahul412]

On 10/7/2016 at 5:09 PM, ravi1432 said:

Hi guys my H1b got denied Yesterday and I Still have valid F1 visa until July'17. I'm currently in india and applied for CPT from a University.

So my question is that will my status still remain as f1 as I have it till  July'17.  So could you guys please help me on this?

You will be on F1, but you will never get H1 if you work in CPT. This will end your career in US.

[pontevecchio]

What course will you be attending when you return on the F1 visa? Were you in the middle of your studies?

[JoeF]

On 10/8/2016 at 0:09 AM, ravi1432 said:

Hi guys my H1b got denied Yesterday and I Still have valid F1 visa until July'17. I'm currently in india and applied for CPT from a University.

That is not possible. It would be abuse of CPT.

If you do that, you will never get an H1.

[DeepanBan1988]

On 10/7/2016 at 6:09 PM, ravi1432 said:

Hi guys my H1b got denied Yesterday and I Still have valid F1 visa until July'17. I'm currently in india and applied for CPT from a University.

So my question is that will my status still remain as f1 as I have it till  July'17.  So could you guys please help me on this?

First of all, shouldn't have traveled while the petition is under processing.
Second, yes your status is F1-OPT.
Third, there was no need to apply for CPT to re-enter. You could have simply entered on your F1 visa as it was valid till July 2017.
At last, I guess applying for CPT complicated your situation unnecessarily.

On 10/10/2016 at 9:49 AM, rahul412 said:

You will be on F1, but you will never get H1 if you work in CPT. This will end your career in US.

There is no rule that says you cannot get H1 if you work in CPT.

On 10/10/2016 at 1:51 PM, JoeF said:

That is not possible. It would be abuse of CPT.

If you do that, you will never get an H1.

Abuse of CPT! Sure we can put it that way. But again, no such rule that you will never get H1.

My advice, don't get bogged down and scared by all these responses. Your situation is simply straight forward. Get in touch with an immigration attorney after you have got as many answers as possible from the forum.

Good luck.

[JoeF]

26 minutes ago, DeepanBan1988 said:

Abuse of CPT! Sure we can put it that way. But again, no such rule that you will never get H1.

There may not be a hard rule, but with abuse of CPT meaning a status violation, it is very likely that an H1 would get denied, and even if approved, it would be with consular processing. Going abroad to get an H1 visa could then result in getting the visa denied or even getting a ban.

So, such abuse of CPT would be the worst thing the OP could do. It would in essence kill his career in the US.