H1b gone into MTR - Alternatives


abhirv87

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Hi 

 

I need some help with my case. 

 

MY H1B case: 

 

My employer filed for my H1b. I went into RFE and eventually got denied.

 

The reason being they changed my job location from san mateo to Houston as i went from one project to another between April 1 and June 1. So when the RFE came, my company said i am working for another client (different from the one filed on April 1) and they gave the location of the new project. They were also able to submit the end client letter requesting for a 3 year stay in the US. 

 

So to put simply, USCIS wanted my company to present a new petition for the change of client / job location rather than making changes to the old petition with the change of address. Any response to RFE should only include documents to support the current case rather than providing all together a new case. 

 

My company is now pursuing MTR (Motion to reconsider) and i am not sure what are the chances of this going through. Anyone have any idea or faced such a situation ? 

 

ALTERNATIVE: 

 

I am going to exhaust my OPT (29 months) on Nov 12, 2013. I have been working for this company from June 13, 2009 until now. 

 

I am thinking of joining a university - *** in san jose which lets you to work on CPT as soon as you join.I am planning to Join Jan 7th 2014 and i will be able to work from Jan 7th. 

 

Question:

What are the risks with CPT and how will it affect the prospects for a new H1b filing April 2014? 

Can my employer / any employer file for my h1b in the first year of my CPT i.e. 2014 april ?

 

 

 

 

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  • 2 weeks later...

Even i am stuck with an MTR for client letter reasons, CPT risk is there but can't really say how much it is.

 

As an alternative you should consider non-profit education instituitons for finding a real job. They can do an h1b throughout the year, but you cant transfer into a for profit company as the h1b is only for non-profits.

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