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Thread: H1-B went to RFE - Should I sign up for a university that gives Day 1 F1-CPT and will there be a problem to get back?

  1. #1

    H1-B went to RFE - Should I sign up for a university that gives Day 1 F1-CPT and will there be a problem to get back?

    My H1-B petition was picked up this year but it went to RFE in September. My company is yet to file for my RFE. Since my F1 Cap Gap expired in September, I am currently unable to work until a decision is taken on my RFE.

    Could anyone tell me as to what are the chances for RFE in Specialty Occupation getting approved are? Does anyone recommend I get onto a F1-CPT?

    Also if my H1-B gets picked up after I sign up for F1-CPT, will there be any problems to get back into H1-B?

  2. #2
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  3. #3
    You can certainly go for graduate program that offers F1-CPT and sign up for that. I am assuming your OPT extension has already expired but you are still waiting on H1B decision. In this case, you are in valid staus until your H1B result comes back. One of my friends was in your situation last year. He took admission at one of the universities and went on F1-CPT and after few weeks his visa got approved. So he withdrew from all classes and informed university that he no longer wishes to pursue education. He did not face any issues while stamping as well.

  4. #4
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  5. #5
    You can do a cpt college and work on cpt if you want to work now! If your employer is okay you can take an unpaid leave until your h1b is approved
    You must re-instate your SEVIS because your SEVIS expired! So you must join a university and reinstate it
    If your h1b is approved you would not have a problem going back to f1!
    Consult an immigration attorney before you take any of the above steps! They would give you the best advice

  6. #6
    Quote Originally Posted by aksh View Post
    My H1-B petition was picked up this year but it went to RFE in September. My company is yet to file for my RFE. Since my F1 Cap Gap expired in September, I am currently unable to work until a decision is taken on my RFE.

    Could anyone tell me as to what are the chances for RFE in Specialty Occupation getting approved are? Does anyone recommend I get onto a F1-CPT?

    Also if my H1-B gets picked up after I sign up for F1-CPT, will there be any problems to get back into H1-B?
    The only way to do is apply for admission right away with new i20 and new sevis and go out of US and come back. This way your sevis will be activated. All other ways will take a lot of time. Apply for CPT only once you are back into US with new sevis. You cannot work during this time, until you get your CPT.

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