Cpt - H1 pending

[Lala Rukh]

Dear All,

Murthy law firm - Councellors.

Background:

I am an F1 student, on part time CPT (will graduate next year), I was picked in the H1B lottery and currently preparing working H1B- RFE (wage level one issue).

I travelled to Pakistan in April 2017, the H1B petetion was only filed, and at that time my I20 doc only stated my CPT (nothing about H1B pending status).

So I came back and the US immigration checked my I20 & CPT papers and allowed me to enter.

 

I have two questions,

1)

My company lawyer says, since I have already travelled during the H1B process, if petetion is approved I will need stamping from abroad (USCIS will not honor change of status from within the country) not sure how true is that?

2)

Coming November, I have to travel abroad because of a family emergency, but now my I20 doc states current CPT & H1B pending. If my H1B is approved, I am already out of the country so I go for stamping; but incase the petetion is denied, when I travel back to US (on valid F1 visa, & still time left to graduate); will immigration allow me to enter into the US again? Because now my I20 will state CPT, H1B petetion (denied) etc.

I am unsure what is the correct way forward.

 

Appreciate your help.

 

Lala.

 

 

 

[JoeF]

The CPT seems to be fishy. That alone will likely result in problems later on. That and the wage level one issue.

Drop the CPT and concentrate on finishing your studies. That will likely help.