I have been out of status, how can I get back in status?

[priyank15]

Hi,

I had my H1-B filed in June 2018 and I received a RFE about a 3 weeks back. I also have been out of project for 2+ months now.  

I have talked with my current employer and he is of the opinion that I register in school as an international student and get my i-20 and aplly for CPT using which I can work and this will also resolve my issues related to VISA status.

I wanted to know if there is any other alternative to this? I have also been preparing a little for contract based job interviews. But right now I first need to handle this issue related to my status.

If I apply for full time based positions in other companies can they start a new H1B for me? will that be dependent on my existing H1B application/or F1 student status or any other issue related to current status? 

Which is the best way to fix my status issue as soon as possible?

Thanks

[JoeF]

That CPT stuff would be a really bad idea. It would be abuse of CPT. No real university gives out CPT from day 1. Signing up with a fraud university would only make things worse for you.

Does your employer pay you while you are on bench? He is required by law to do so. If he doesn't, file a complaint with DOL on form WH4, and find a better employer.

 

[xTDx]

Generally, you cannot get back to status while present in USA.

You would have to leave asap and get back with a valid visa. 

What your employer is suggesting you may be borderline fraud and is illegal to say the least.