H1 petition not picked up in the lottery

chitrapu123

By chitrapu123,
in H1B : General

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JoeF Advanced Member

JoeF

Posted
Posted

After stem extension only it is going to expire in Jan 2014.

After expiration of the OPT, you have 60 days to leave the country.

An employer can of course file an H1 in April, but you can only come back and work for the employer from Oct. 1, 2014 on.

BTW, why didn't your employer file an H1 the year before? The quota didn't fill immediately in 2012.

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jairichi Advanced Member

jairichi

Posted
Posted

We didnot know h1 will be lottery system in 2013 hence didnot apply in 2012.

 

I am planning to join a college CPT and keep working and apply for h1 in april 2014.

 

Do not do that. It will be abuse of CPT

 

Also I want to mention my husband is on H1 B.

Apply for COS to H4. Ask employer to apply for a cap subject H1B petition by April 2014 and after H1B is approved start working from Oct 1st 2014.

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JoeF Advanced Member

JoeF

Posted
Posted

We didnot know h1 will be lottery system in 2013 hence didnot apply in 2012.

 

I am planning to join a college CPT and keep working and apply for h1 in april 2014.

BAD idea.

No real college gives CPT to somebody just signing up. And CPT is NOT for working in some arbitrary job.

Such abuse of CPT as you are planning WILL kill your career in the US. An H1 would then get denied, due to abuse of CPT.

 

And your explanation why you didn't get an H1 in 2012 doesn't hold water, either. You had the chance of an H1 in 2012, pretty much everybody would have jumped on it. And it was obvious to all trend watchers that with the economy picking up, the H1 quota would get reached earlier and earlier.

 

So, please don't think we are stu*id.

And stay away from CPT. Abuse of CPT will come back to bite you.

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jairichi Advanced Member

jairichi

Posted
Posted

I have a project now and I cannot leave that why would that be a abuse to CPT, even my employer suggested to take the CPT. Again converting to H4 and getting a H1 would be entirely a different process.

No good institution would give your CPT right from day one. Haven't you heard about CPT abuse lately? Your employer might not have any clue about what he is suggesting. Talk to a good immigration attorney to know about consequences of your decision to do CPT. As JoeF said by taking CPT route you are basically taking your first step to jeopardize your future career in US.

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JoeF Advanced Member

JoeF

Posted
Posted

I have a project now and I cannot leave that why would that be a abuse to CPT, even my employer suggested to take the CPT. Again converting to H4 and getting a H1 would be entirely a different process.

CPT is NOT and has NEVER been for work in some arbitrary job.

CPT is ONLY for work as an integral part of a curriculum.

You WILL have to leave your job. Period.

Abuse of CPT will kill your career in the US forever.

 

Your ONLY option to stay is to change to H4, and the employer can file an H1 for you in April for a start date of Oct. 1, 2014.

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rahul412 Advanced Member

rahul412

Posted
Posted

I have a project now and I cannot leave that why would that be a abuse to CPT, even my employer suggested to take the CPT. Again converting to H4 and getting a H1 would be entirely a different process.

Yes, that's abuse of CPT. CPT is not for FTE it's just a part of F1. So once you get new admission, you have to go to school not to work for a full time job. If your employer is suggesting to do so, then he is a FRAUD employer. Ask him why few schools were raided for CPT abuse.

 

You are lucky that you can stay here on H4.

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