H1B Denied

[agadd2]

Hello

My friend h1b denied and right now he is 30 day grace period and filling Motion to reappeal case.He has an university admission letter now . Please suggest if he can get an f1 status or what are other options for him to be in status.

[jairichi]

There is no 30 days grace period on H1B. He needs to exit US and apply for a F1 visa. He can move to a dependent status like H4.

[JoeF]

Is that a legitimate university or one of these frauds that give out CPT?

[rahul412]

Hello

My friend h1b denied and right now he is 30 day grace period and filling Motion to reappeal case.He has an university admission letter now . Please suggest if he can get an f1 status or what are other options for him to be in status.

F1 is not an option, forget about that. What grace period are you talking about?? There is no grace period in H1.

[agadd2]

Hello All,

Great Miracle happened is that my friend got the H1B approved yesterday. It has been more than year that we worked and finally got it resolved . Here is what we did from the day i posted

So he got denied his H1 Visa due to studying in private university(Stratford University) and went out of the status. He immediately applied for I20 in one of the universities and received the I20.  He went out of the country and applied for F1 visa and got it approved from Canada. He took the CPT from the first day and started doing the same job where he left off. He  maintained  the status by going to college , maintaining grades and paying college fees. He applied for  H1B this year in regular quota and got picked. He received an RFE few months back requesting evidence for fee receipts, college attendance and grades. Submitted the documents and got it  approved yesterday successfully.

 

Tip: Being proactive helped him .

 

[rahul412]

20 hours ago, agadd2 said:

Hello All,

Great Miracle happened is that my friend got the H1B approved yesterday. It has been more than year that we worked and finally got it resolved . Here is what we did from the day i posted

So he got denied his H1 Visa due to studying in private university(Stratford University) and went out of the status. He immediately applied for I20 in one of the universities and received the I20.  He went out of the country and applied for F1 visa and got it approved from Canada. He took the CPT from the first day and started doing the same job where he left off. He  maintained  the status by going to college , maintaining grades and paying college fees. He applied for  H1B this year in regular quota and got picked. He received an RFE few months back requesting evidence for fee receipts, college attendance and grades. Submitted the documents and got it  approved yesterday successfully.

 

Tip: Being proactive helped him .

 

Honestly speaking you are lucky, contact an attorney before your approved H1 gets revoked, CPT from day one is a big red flag. Do you know why TVU and other univ's students got deported?

[agadd2]

The above post is for people who are in similar situation and dont know what to do . I dont think you can go any more legal than what is described above. When it comes to the CPT , it is a universities choice to approve that but not the individual .There could be numerous reasons as why the students have been deported . Nothing would be alarming unless you dont maintain good grades and attendance under CPT . I understand that you may see it as luck but being proactive is what is needed down here.

 

Thanks

 

[rahul412]

On 9/23/2016 at 11:06 AM, agadd2 said:

The above post is for people who are in similar situation and dont know what to do . I dont think you can go any more legal than what is described above. When it comes to the CPT , it is a universities choice to approve that but not the individual .There could be numerous reasons as why the students have been deported . Nothing would be alarming unless you dont maintain good grades and attendance under CPT . I understand that you may see it as luck but being proactive is what is needed down here.

 

Thanks

 

Another university from CA is going down, bcos of CPT abuse. Its very famous for that.

So,bottomline is that it takes time to revoke or issue NOIR on H1's with CPT on their records. CPT from day 1 is a big red flag. And CPT from day 1 is not needed, you should have left the country and enter on H1 status.

[agadd2]

Ok. Please list down your answers for following questions

 

1. Why is a CPT a red flag?

2. Why you dont need CPT from day one ?

3. What is CPT and why it is needed ?

4. And how the CPT  is related  to the original topic on what is needed once you have your h1b denied?

If you dont have answers to above questions. Please do not reply as  it is diverting the original topic and not reaching to the audience on what it is intended for.

 

 

[JoeF]

CPT has been abused by fake universities. Look up TVU.

CPT stand for Curricular Practical Training. It is designed for internships as integral part of the curriculum, but shady universities have given out CPT to work for convenience stores, as security guards, etc.

People who have had an H1 denied sometimes sign up with one of these fraud universities and abuse CPT in an attempt to continue working for their employer.

BTW, this abuse of CPT has been discussed here and elsewhere for years, at least since 2011, when the most notorious of these fraud universities, TVU, was shut down (the TVU owner was convicted of immigration fraud last year and is serving 14 years or so in prison.)

[rahul412]

19 hours ago, agadd2 said:

1. Why is a CPT a red flag?

2. Why you dont need CPT from day one ?

3. What is CPT and why it is needed ?

4. And how the CPT  is related  to the original topic on what is needed once you have your h1b denied?

If you dont have answers to above questions. Please do not reply as  it is diverting the original topic and not reaching to the audience on what it is intended for.

 

 

1. Bcos, CPT is not for full time job. If you can take full time job on F1 then why H1? F1 is for studying not for working, you have OPT to work on F1 status

2. Do you really know what is the purpose of CPT? If not you won't ask this question. CPT is like an internship, so before you take CPT you need to take courses from that school and then take the approval from school that you need CPT for a particular course. So how can you take CPT from day1 without taking the courses from that school. Only FRAUD universities provide CPT from day 1 and they say that you don't need to take any course which is not true

3. Read the above explanation

4. Honestly speaking, if H1 is denied either go for B2 or dependent status or leave US but F1 is not an option at all. There is new rule which allows H1 employee 60 days grace period in H1 if it s denied.

 

Now, you tell me why **** and TVU were raided and students got deported? Simple google search will give you the answer.

[agadd2]

There is a way to come back to H1 once it is denied. All i will tell you is he got approved for 3 years now and we updated along with the CPT information to the USCIS. USCIS officer knows the final rule more than anyone else. If you think it is lucky let it be ..at least there is way to come back to H1 unlike the solutions which you described above. Above solutions (  B2 or dependent status or leave US permanently )are not practical for most of the cases whose H1 is denied. 

FYI Explanation of CPT from USCIS

Your Answer:  Bcos, CPT is not for full time job. If you can take full time job on F1 then why H1? F1 is for studying not for working, you have OPT to work on F1 status..  

He Took the CPT just what his course demands and client , employer sent the agreement to the college as well.

An F-1 nonimmigrant student may begin CPT after the Designated School Official (DSO) has completed the Form I-20 endorsement page. CPT is alternative work/study, internship, cooperative education, or any other type of required internship or practicum that is offered by sponsoring employers through cooperative agreements with the school. CPT must be an integral part of an established curriculum.

[JoeF]

The important part is that CPT must be an integral part of an established curriculum. That clearly means that it can't be just continuing to work with the H1 employer.

Further, it must be required for all students taking the course. And of course, the students have to continue being enrolled full-time, taking classes as required for full-time studying. That pretty much precludes working fulltime during the quarter/semester.

[agadd2]

Yes i agree Joe. He has been following  it what is described above and made sure the CPT is related to Job which he is doing.

[rahul412]

23 hours ago, agadd2 said:

There is a way to come back to H1 once it is denied. All i will tell you is he got approved for 3 years now and we updated along with the CPT information to the USCIS. USCIS officer knows the final rule more than anyone else. If you think it is lucky let it be ..at least there is way to come back to H1 unlike the solutions which you described above. Above solutions (  B2 or dependent status or leave US permanently )are not practical for most of the cases whose H1 is denied. 

FYI Explanation of CPT from USCIS

Your Answer:  Bcos, CPT is not for full time job. If you can take full time job on F1 then why H1? F1 is for studying not for working, you have OPT to work on F1 status..  

He Took the CPT just what his course demands and client , employer sent the agreement to the college as well.

 

 

An F-1 nonimmigrant student may begin CPT after the Designated School Official (DSO) has completed the Form I-20 endorsement page. CPT is alternative work/study, internship, cooperative education, or any other type of required internship or practicum that is offered by sponsoring employers through cooperative agreements with the school. CPT must be an integral part of an established curriculum.

So, did everyone in that class took CPT since it is part of the program? Why there is a client involved here, if it was part of the program then it has to be direct employment? This clearly shows that he was working for consulting firm. That's  a clear abuse of CPT.