When I-140 gets approved do you have to be on H1B or can you be on CPT (F1 Visa)


someone23

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Posted

Hi, I am in my 5th year H1B. I have six months left. My Employer will start my 1-140 in a month. I plan on switching to F1-Visa, work and go to school full time on CPT.  When my I-140 gets approved;  In order for my H1B to get extended (after the 6 year mark)  do I have to be on H1B or can I be on F1/CPT ? Thank you

Posted

First, you cannot work full time and go to school on F1. F1 is for full time students not for full time employees. 

Second, if you're on F1 then your I140 might not get approved since F1 doesn't allow immigration intent.

Best option, stay on H1 rather than getting deported for working in CPT.

Posted

First, no real university will issue CPT to somebody who just enrolled.

Second, CPT is never for work in an arbitrary job, it is for work as an integral part of the curriculum, like an internship required for all students in a particular class.

Third, once an I-140 is filed, it is pretty much impossible to get an F1, because the I-140 shows immigration intent, and that's not allowed for an F1.

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