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H1B receipt not yet received. Adjustment of status application filing option

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  • H1B receipt not yet received. Adjustment of status application filing option

    I am currently on my STEM extension which ends this November. I applied for H1B last year and wasn't lucky enough. I have applied this year under regular processing and haven't got a receipt yet.

    1. Is there a chance still?
    2. If not, apart from finding a CAP EXEMPT employer, and enrolling in PhD, what are my other options?
    3. Is enrolling in an university which gives CPT from day 1 good? Does it have any pitfalls? Various online articles say it might be troublesome in future and also has restrictions like, one cannot work too far from the university.
    4. Can you let me know of some universities in the northwest which offer CPT from day 1?
    5. Can my employer file green card for me to keep me in status? I read somewhere that filing an adjustment of status application can let me stay in this case. What are the pre-requisites to do the same and is it even possible?

    Thanks in advance.

  • #2
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    • #3
      Your message was posted anonymously on our Facebook wall at http://www.facebook.com/desiopt1 on May 8th - Please review comments from other users.

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      • #4
        Originally posted by chial View Post
        I am currently on my STEM extension which ends this November. I applied for H1B last year and wasn't lucky enough. I have applied this year under regular processing and haven't got a receipt yet.

        1. Is there a chance still?
        2. If not, apart from finding a CAP EXEMPT employer, and enrolling in PhD, what are my other options?
        3. Is enrolling in an university which gives CPT from day 1 good? Does it have any pitfalls? Various online articles say it might be troublesome in future and also has restrictions like, one cannot work too far from the university.
        4. Can you let me know of some universities in the northwest which offer CPT from day 1?
        5. Can my employer file green card for me to keep me in status? I read somewhere that filing an adjustment of status application can let me stay in this case. What are the pre-requisites to do the same and is it even possible?

        Thanks in advance.
        1. The receipts come by regular mail so there may be stragglers, but USCIS has completed data entry for the H-1B. Your only hope is to ask the employer to see if their checks have been cashed.
        2. You just listed your 2 options.
        3. USCIS is taking a very dim view on schools offering CPT from day one. It may affect your ability to later file for change of status, etc.
        4. See #3.
        5. Yes, filing an AOS can keep you in status if you’re eligible for filing an AOS. There are many factors involved, however. It is unlikely/impossible for an employer to start and file a PERM application now, get it approved and then file an I-140 and AOS before November.

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        • #5
          Guys Please update your suggestions

          Comment


          • #6
            I Am in same situation too

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            • #7
              1. If it is regular you can wait for one more week. But if there is no change in your sevis, that should be the end of road for this year
              2. You can find a job in non profit organization and get h1
              3. There is nothing like good and bad it's just about maintaining status. Pitfalls would be you have to go through lottery again. You might receive rfe on the same

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              • #8
                Follow this thread, might be useful

                Comment


                • #9
                  Following...

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                  • #10
                    If there is been no change in my sevis as per today is there still a chance for regular processing?

                    Comment


                    • #11
                      1. Yes
                      2. Join a school that offers CPT
                      3. Not a problem
                      4.
                      5. Talk to your employer/attorney.

                      Comment


                      • #12
                        I don't get it. Someone please explain number 5 to me please. While you are in F1 can you file for greencard?? My assumption here is 'Adjustment of Status' is filing for GC

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                        • #13
                          1
                          2
                          3 bit risky ( cpt is not for employment authorization)
                          4
                          5 if you not from india or china ( origin of birth ) then yes u can do concurrent. Filing after u r PERM .. ( for india and china dates are not current )

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                          • #14
                            Originally posted by DesiOPT-FaceBook-Fan View Post
                            I don't get it. Someone please explain number 5 to me please. While you are in F1 can you file for greencard?? My assumption here is 'Adjustment of Status' is filing for GC
                            If ur cut of date is current then u can do both aos and 140 concurrently .. If u file for aos u can get ead

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