Filing H-1B when on CPT! Cause of concern?

[Piyush Dwivedi]

Hello,

I'm currently looking for a full time opportunity and have interviews going on. If things don't work out well, then I am obviously going down the path of consultancies and joining my 1000's of friends from India.
However, I would be on CPT from Jan to May end when my H-1B is filed in April, 2014 (direct or through a consultancy). I am using CPT because I am from non-STEM degree. So, have just 12 months OPT, which I would be filing for in late January/February 2014. So, I would basically have 2 applications at one time - 1st for OPT and 2nd for my H-1B.

Could this be risky in any manner and are there more chances of my H-1B being rejected, possibly because I would have 12-months OPT application pending as well? Any other ideas would be great as well.

Thanks

[DesiOPTForumAdmin]

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[DesiOPT-FaceBook-Fan]

As much as I know, as soon as you graduate you cannot apply for CPT. CPT applies when you are still a student in school. So, My understanding is if you are planning to graduate in december you will be on OPT from jan 2014 to jan 2015. You will have one chance to apply for H1B on April 01/2014. There is nothing risky in filing an h1b if you can get an employer to file for you.

[DesiOPT-FaceBook-Fan]

Please be careful with use of CPT this might cause some trouble for you down the line on the other hand you can join a consultacy that file for you H1b while you are studying.... Then you can look for a fulltime opportunity,,,, Please be very careful in use of CPT... Good Luck...!!!

[DesiOPT-FaceBook-Fan]

When you apply for H1B during your F1 status your bachelors from India will be taken into consideration not the Masters in USA. Employers requirement of the position should be bachelors not Masters. And coming to the second question you will apply to h1 Via employer during first week of April. And coming to CPT you can apply it before 3rd week of July because your convocation will be in third week of may and 60 days from there makes it July third week. I guess if your application is Good you will get a reply whether it is approved or not approved by then. Because H1 starts from Nov. So you can apply OPT after H1 decision is made by USCIS.

[DesiOPT-FaceBook-Fan]

But, how can the OP continue working if his/her CPT expires along with the convocation and OPT starts only in Nov?

[DesiOPT-FaceBook-Fan]

If H1 is approved he cannot work till Oct 1st, similarly he can't work till OPT his starts

[DesiOPT-FaceBook-Fan]

If H-1 is approved, people are allowed to work under COS (Change of Status) until October 1st is what I have heard.

[DesiOPT-FaceBook-Fan]

If just the COS is filed, then it takes around 2 months to process. If the COS is filed along w/ I-129, then it can take 2-6 months to process. The actual processing times are available at USCIS website.

[DesiOPT-FaceBook-Fan]

If USCIS denies the COS, then alien would continue to remain on your current visa category and need to maintain the same.

[DesiOPT-FaceBook-Fan]

If H-1 is approved, people are allowed to work under COS (Change of Status) until October 1st is what I have heard.

if a cap subjected h1 approved with COS the earliest date to start work on H1 is oct1 .. not untill oct1 .. untill sep30 u need to have valid work permit to work ..

[DesiOPT-FaceBook-Fan]

OPT and H1 have contradictory meaning. (OPT - you will get training for a specific period and leave the country; H1 - immigrant intent)

If you have 2 applications, H1 could be processed based on your Bachelors and your OPT might be denied.

If you have an option.. I suggest you to postpone your H1

[DesiOPT-FaceBook-Fan]

Exactly what I was thinking - except the OPT denied part. I think the H-1B might be denied.

[DesiOPT-FaceBook-Fan]

I am of the opinion that H1 takes precedence of the two. I think only one can go thro at a time. (there is also a case of both being denied in this situation)

[DesiOPT-FaceBook-Fan]

your h1 and opt applications does not conflict each other so not a problem .. since u only qualify for regular quota check for odds of getting picked u r application in a lottery ..