former UNVA CPT student - H1B extention

[user_matrix]

Hello -

I am working with a software company since 2007...

My company applied for H1b in 2008 but unfortunately, that year there were huge number of H1B petitions and as a result of that uscis did a lottery of them and mine was not part of the lottery...

Since my OPT was getting expired in the mid of 2008 (I graduated in March 2007 from a good university).. I had to join **** and was working on the CPT with the same company... from Spring 2008 till September 2009.

They applied for H1B again next year in 2009 and was fortunately approved... and since October 2009 I am on that H1B, with the same company.

Now is the time company is applying for H1B Extension in couple of weeks...

And now I am hearing about how the petitions are getting denied or delayed (RFE status) for the former students of ****.

My Questions:

1. How likely is my case going to be delayed/rejected.

2. If RFE is required, what documents should I have in hand to response, or in other words... what kind of RFE am I likely to get.... its been more than 2 yrs... all I have is the fee receipts, I20's (I did not graduate from ****)

FYI - my company is way far away from ****... so I used to fly a lot to attend the classes during CPT.

Thanks

[wiweq]

For any visa approval USCIS sees if you are in currently valid status or not. Working for your H1b employer and getting paid you are of course maintaining your H1b status. But, in some cases USICS may also be interested in beneficiary's previous status especially the day after you last entered in USA. For F1 status besides maintaining good grades, it’s also important to live in same location/ state where the school is. Now you can make sure if you did any F1 visa violation or not.

[JoeF]

The CPT stuff is what led to the raid on ****. If you worked on CPT, you can expect lots of questions at the minimum.

And, sorry, but I somehwat doubt that you "flew a lot" to attend classes. If you did, you sure have boarding passes, can show that you bought the tickets, right?

CPT outside of normal commuting range from the institution is the problem. If you flew to **** to attend classes, that would have been the first case I have ever seen...

[user_matrix]

The CPT stuff is what led to the raid on ****. If you worked on CPT, you can expect lots of questions at the minimum.

And, sorry, but I somehwat doubt that you "flew a lot" to attend classes. If you did, you sure have boarding passes, can show that you bought the tickets, right?

CPT outside of normal commuting range from the institution is the problem. If you flew to **** to attend classes, that would have been the first case I have ever seen...

I do not have the boarding passes... never thought that I would need them... but yes... I can always log back in the airlines flight online account.. and get the records...if that proves it.

I took classes around weekend... and of course was not the only one who was doing that...

So looks like even if I am on H1... and the CPT thing happened around 2 yrs back, I am still likely get some questions...

Thanks for that.

Other than the travel docs... is there anything else?...

I do not have that **** ID ...

I have few (not all) of the signed document of my Manager which was more like a review document at the end of each quadmester.

I have all fee receipts.

I have all I20s

Anything else which I should try getting from **** now... if they can (hopefully) give me?

Thanks a lot for your response!

[user_matrix]

For any visa approval USCIS sees if you are in currently valid status or not. Working for your H1b employer and getting paid you are of course maintaining your H1b status. But, in some cases USICS may also be interested in beneficiary's previous status especially the day after you last entered in USA. For F1 status besides maintaining good grades, it’s also important to live in same location/ state where the school is. Now you can make sure if you did any F1 visa violation or not.

hmm.. Thanks a lot for your response...

- Yes I am maintaining a legal status...

- I had made more than many trips outside US in the last couple of years while being on H1B... so i am good on that side too...

- So not living in the same State (or nearby) of the university violates the F1 status.. .? I did not know about that ...Can you please confirm this again...

And also please advise of how should I be prepared to answer any question from USCIS...

Thanks again!

[JoeF]

- So not living in the same State (or nearby) of the university violates the F1 status.. .? I did not know about that ...Can you please confirm this again...

The whole thing is that while working on CPT, you also have to continue to attend classes in person. On F1, only one class/three credits can be online.

That requires that you live within normal commuting range of the institution.

This "weekend classes" stuff is what some non-accredited diploma mills came up with recently to claim that people attended classes. It looks more like an attempt to get around the CPT rules than anything else. It is very shady at best. Common sense would indicate that you could have found a university close to where you live, so the arrangement with flying in to attend classes looks rather like the goal was not studying, but working, in other words, an abuse of the F1.

Lots of people from TVU and **** got into problems because of working out-of-state.

And even though you got an H1, USCIS can always revoke things if they learn about facts they didn't know before. There is no statute of limitation in immigration law.

I suggest you discuss your particular situation with a good immigration lawyer.

[user_matrix]

The whole thing is that while working on CPT, you also have to continue to attend classes in person. On F1, only one class/three credits can be online.

That requires that you live within normal commuting range of the institution.

This "weekend classes" stuff is what some non-accredited diploma mills came up with recently to claim that people attended classes. It looks more like an attempt to get around the CPT rules than anything else. It is very shady at best. Common sense would indicate that you could have found a university close to where you live, so the arrangement with flying in to attend classes looks rather like the goal was not studying, but working, in other words, an abuse of the F1.

Lots of people from TVU and **** got into problems because of working out-of-state.

And even though you got an H1, USCIS can always revoke things if they learn about facts they didn't know before. There is no statute of limitation in immigration law.

I suggest you discuss your particular situation with a good immigration lawyer.

Hello Joe,

You are correct!...and that was my intent anyways...:(

Thanks for taking time and discussing this.

I think I will first go ahead and file the petition for extension and see whats the result.

If there are issues (and looks like there are good chances that their could be or could be not), will work with our company lawyers as to what they suggest. I think they are good lawyers too.

Even if this passes.. this issue can bite back in GC process...:(

Thanks again for your time and advice..!! :)

[Basicguy007]

Hello -

I am working with a software company since 2007...

My company applied for H1b in 2008 but unfortunately, that year there were huge number of H1B petitions and as a result of that uscis did a lottery of them and mine was not part of the lottery...

Since my OPT was getting expired in the mid of 2008 (I graduated in March 2007 from a good university).. I had to join **** and was working on the CPT with the same company... from Spring 2008 till September 2009.

They applied for H1B again next year in 2009 and was fortunately approved... and since October 2009 I am on that H1B, with the same company.

Now is the time company is applying for H1B Extension in couple of weeks...

And now I am hearing about how the petitions are getting denied or delayed (RFE status) for the former students of ****.

My Questions:

1. How likely is my case going to be delayed/rejected.

2. If RFE is required, what documents should I have in hand to response, or in other words... what kind of RFE am I likely to get.... its been more than 2 yrs... all I have is the fee receipts, I20's (I did not graduate from ****)

FYI - my company is way far away from ****... so I used to fly a lot to attend the classes during CPT.

Thanks

Hi, Hope everything went okay with your h1b. I am exactly pretty much word by word in the same situation regarding ****. I would really aprreciate if you tell me how you dealth with your case situation!