F1 to H1


ultimateuser365

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Hello All,

     I am currently on F1 visa working using my CPT work authorization. My employer filed for H1 in April and the same got approved last month.

My CPT ends on Sep-26-2014

and H1B starts on Oct-01-2014.

 

I am not sure if I can work on Sep-29, Sep-30 (CAP GAP extension). Immigration department at my employer say I can make use of the CAP GAP extension but when I read the USCIS website, I get an impression that CAP GAP is applicable only to F1 visa holders working on OPT.

 

Experts, please advise me. I want to abide by the law.

 

Thanks!

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Thank you both for your response!

 

@rahul412: I am not sure what made you think that I am abusing CPT. I started to work on-campus 9 months after my course started and yes it is part of the F1 program. Being an advanced member it is disappointing that you have preconceived notions.

 

99% of CPT is abuse.

And in the 1% legitimate CPT, the people don't ask questions like you, because that's a top-level universities, with good DSOs.

It is obvious that you haven't graduated. Your change to H1 without graduating makes it even more likely that this is CPT abuse.

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Thank you both for your response!

 

@rahul412: I am not sure what made you think that I am abusing CPT. I started to work on-campus 9 months after my course started and yes it is part of the F1 program. Being an advanced member it is disappointing that you have preconceived notions.

I said "it looks like..", I didn't said you did it.If a person moving from CPT to H1 means he is not interested in going to school.

Why CPT?Why not OPT? Does your CPT job and H1 job one and same??

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Hi Rahul412

 

What if there is not OPT..as in the case of second masters. My college requires me to do CPT(one sem) after course work.

 

My H1B started on oct 2013. Completed one year work and then going for second masters in CS

 

If I find my employer in CPT, can they file for H1B before I graduate, and can I take a letter from college at the end of CPT saying I have completed all the requirements of the Degree and then go for H1B filing.

 

Can I use the Cap Gap extension for second masters as there is no OPT for second masters. 

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Hi Rahul412

 

What if there is not OPT..as in the case of second masters. My college requires me to do CPT(one sem) after course work.

 

My H1B started on oct 2013. Completed one year work and then going for second masters in CS

 

If I find my employer in CPT, can they file for H1B before I graduate, and can I take a letter from college at the end of CPT saying I have completed all the requirements of the Degree and then go for H1B filing.

 

Can I use the Cap Gap extension for second masters as there is no OPT for second masters. 

 

Cap-Gap is ONLY for people who have graduated and are working with OPT, when their OPT ends before the H1 kicks in, i.e., there would be a gap between F1/OPT and H1..

With CPT, it has to be an integral part of the curriculum, which implies that somebody who uses CPT has not graduated yet.

Hence, such person is in F1 status, and there is no gap, by definition...

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Why do u need CPT to find employer?? CPT is not for FTE , it's part of your F1 program. And if you are not interested in going to school then why did u joined second masters program .

Above all what will you respond when vo asks you " why you didn't finished your degree?"

You already have an H1, why another employer for H1??

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