Missed the H1B quota this year! What are my options

[trojanengineer]

Hi,

I need some help here

I graduated last year and then my opt was expriing in May '12. Since I couldn't find a job by that time to maintain the status I joined another program where I can get the CPT from the first semester and continued my job search.

I just found the job and started it but the problem is h1 cap for FY13 is reached. so I can longer start my H1b from octobter'12. I have to wait until April'13 before my company can file my H1B. Until then I have to work on CPT and continue my studies.

Do I have any other option than doing this ?

Another question I have is if let's say my h1b is filed in April'13 and if it is approved it will start from Oct'13. Do I still have to continue my studies between this time periold April'13 and Oct'13 where h1b is approved but not staring until 1st Oct'13

Please let me know

Really appreciate some help here!

Thanks

[rahul412]

Hi,

I need some help here

I graduated last year and then my opt was expriing in May '12. Since I couldn't find a job by that time to maintain the status I joined another program where I can get the CPT from the first semester and continued my job search.

Dude, don't put yourself into trouble. Working on CPT from the first sem is illegally. Recently one of my company's employee got into trouble when he applied for H1. USCIS came to know that he was working from the first day of CPT, now he is completely lost as he cannot answer that RFE obviously employer can't do anything.

[ImmiSpecialist]

You didn't work even one month in 29 months of OPT...?

coming to H1 case, yes u can work on CPT up to next H1B cap open date. then you can file H1. but in your case there is chances to get RFE. they will ask why you didn't work in OPT...?

[chtummala]

which university is it ..be care full with cpt

[wiweq]

" Do I still have to continue my studies between this time periold April'13 and Oct'13 where h1b is approved but not staring until 1st Oct'13"

=> Yes, you have to maintain your F1 status in that duration.

You don't have any other option but to wait. Make sure you are not misusing CPT, if you are, better to stop it. Google it and learn about misuse of CPT.

[wiweq]

"Dude, don't put yourself into trouble. Working on CPT from the first sem is illegally. Recently one of my company's employee got into trouble when he applied for H1. USCIS came to know that he was working from the first day of CPT, now he is completely lost as he cannot answer that RFE obviously employer can't do anything."

=> Though it's not "illegal", it's totally upto shcool's regulations. Good school generally don't permit CPT from first day, but for second masters most of them do.

[rahul412]

"Dude, don't put yourself into trouble. Working on CPT from the first sem is illegally. Recently one of my company's employee got into trouble when he applied for H1. USCIS came to know that he was working from the first day of CPT, now he is completely lost as he cannot answer that RFE obviously employer can't do anything."

=> Though it's not "illegal", it's totally upto shcool's regulations. Good school generally don't permit CPT from first day, but for second masters most of them do.

Then what went wrong with the students of TUV. They did the same, working from the first day of the CPT from first sem.

[JoeF]

Then what went wrong with the students of TUV. They did the same, working from the first day of the CPT from first sem.

CPT has to be an integral part of the curriculum. That obviously wasn't the case with TVU.

Also, students of course have to continue to fulfill the F1 obligations, i.e., attending classes in person. That means the CPT job has to be within commuting distance.

And finally, TVU "students" worked as security guards, in 7-Eleven, etc., which is of course also not allowed.

[wiweq]

"Then what went wrong with the students of TUV. They did the same, working from the first day of the CPT from first sem."

=> It’s true that they were authorizing CPT from first day but that was not the only reason, it may be a major reason. There were various other reasons which you can get by online search. Various other state universities’ are still giving CPT from first day for second masters. It's totally up to school's discretion.

[RajK16]

Hi,

I need some help as I missed to file H1 B this year. I am currently on my OPT extension period which will end in Dec 2012. Can you please suggest possibilities to work after Dec.

As per the above discussion about CPT can you please clarify if I can enroll into a school again and work on CPT from the first day.

Thanks,

[JoeF]

You obviously haven't quite read the posts.

CPT is not going to work. Unless you want to get deported and banned for life...

Forget CPT. That's over. Done for. Fini.

An F1 is for studying, not for working.

[chtummala]

Dude, don't put yourself into trouble. Working on CPT from the first sem is illegally. Recently one of my company's employee got into trouble when he applied for H1. USCIS came to know that he was working from the first day of CPT, now he is completely lost as he cannot answer that RFE obviously employer can't do anything.

it is not illegal but .. it is misusing CPT ..