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F-1 TO H-1 change of status

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  • F-1 TO H-1 change of status

    I got my H-1B approved in May 2015 (for fiscal year 2016). My company applied for change of status and it got approved with a new I 94 valid until August 2018 . I was actually on Curriculum practical training (CPT) till August 1, 2015. There was a confusion about cap gap for CPT /OPT and I thought my I 20 will automatically extend to September 30, 2015. Then I realized it was only for OPT. I think my SEVIS was terminated before the H-1B start date. My question is
    1. Since my change of status was approved last year and SEVIS terminated in August, did the change of status from F-1 to H-1 actually take effect from October 1, 2015?
    2. Was I out of F-1 status for the months August and September and again back in H-1B status from October 2015?
    3. Will there be a problem when I travel abroad and get stamping for H-1B?

    What should I do now?

  • #2
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    • #3
      Your message was posted anonymously on our Facebook wall at 10th Aug - Please review comments from other users


      • #4
        there will not be any problem even your f1 status is terminated you will be having 60 days grace period if you do not violate this 60 days grace period you will be fine and I dont think you will have issues at stamping as you are not violating any law


        • #5
          College DSO issues a Cap Gap I20 for the cap gap period when you provide to DSO your H1 approval notice copy. If you have not received your Cap Gap I20 from your DSO during the time, then also it should be fine as 60 days grace period covers you legally to be in lawful status.


          • #6
            @all- He was in CPT not OPT, so I guess cap gap is not covered - which means he was out of status for some time,


            • #7
              1. Yes
              2. Yes
              3. Probably


              • #8
                Ok so here's my question--- did ur CPT end on Aug 1st or did ur i-20 expire or Aug 1st.. U dont fall out of status if ur CPT got expired.. Did you not go to school after Aug 1st???? Coz ur school wud have or rather should have told you, tht ur SEVIS is complete or not..
                Of course there may be a problem if u still worked till ur H1 started... And other point is : I20s NEVER get extended automatically, you always have to get a new one issued from your advisor !!


                • #9
                  You should talk to your university's international student advisor and the attorneys who helped file your H1B! They will be able to go over all the legalities.