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CPT to H1B but Unauthorized Work and Reentry Involved

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  • CPT to H1B but Unauthorized Work and Reentry Involved

    Dear all, I appreciate it highly if you could briefly advise on my case. Thanks and regards in advance!

    I am a PhD student, done with coursework, working on my dissertation.

    I worked for Company X from Aug 2015 to Jan 2016 with CPT that is "required for my dissertation" because I've been doing my dissertation research based on my work there. Then I kept working until Mar 2016, even though my CPT expired. So I have three months of unauthorized work. The company suspended my employment, and asked me to bring an updated I-20 with CPT. If I can do that by Apr 1, they will apply for my H1B. This is one part of the story.

    Another part is the following. I had applied for post-completion OPT, which would start in Jan 2016. So naturally the DSO had said I need to state in my package that I am graduating in Jan 2016. They had issued the new I-20 with "Recommendation for OPT". I needed to mail this off to USCIS but didn't. And didn't inform DSO. Couple of days ago when I went to his office to ask for a new I-20 with CPT (for Company X), he checked my record and told me that I've been out of status since Jan. So he advised me to exit and reenter with a brand new I-20 and new SEVIS ID. The out-of-status is not because of the unauthorized work, but because of that simple paperwork mistake.

    Additional information: My F-1 Visa is still valid until Jun 2016. So I will just use my current valid visa and new I-20 to re-enter.

    My question is:
    1. Is there any risk of not being able to enter?
    2. Hopefully after I enter, he said they will give me CPT even though it will be like my "first year", because it is required for my dissertation. One academic year requirement can be waived if it is required by the program. So when my Company X applies for my H1B, will the previous 3-month unauthorized work be a problem? Do I have to submit those old I-20's in my H1B application?

  • #2
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    • #3
      Your message was posted anonymously on our Facebook wall at 11th March - Please review comments from other users