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  • Regarding Status after CPT Expiration

    Hi All,

    I am pursuing my second masters and currently on CPT, My H1-B got picked, got RFE and still under process of replying. My CPT expires on August 01,2014. If I get admisson into a another University by July 15, 2014
    ([B]I mean SEVIS updated to new University[/B])my classes will start on September 25, 2014.
    Will I be in status or will I lose status as classes are starting from September 25, 2014?
    What is the best option?

  • #2
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    • #3
      Your message was posted as anonymous on Facebook wall- (June 18th)

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      • #4
        1. SEVIS update will not effect your h1b application. As long as you have new school i20 with your SEVIS on it and registered for upcoming classes your good to go.

        2. You do not have to panic, your h1 processing will be based on your first masters and you have to maintain your f1 status untill you get into h1.

        Comment


        • #5
          1. no. You will be on F1 status, becuase your H1 is in process, you are under cap gap untill it gets approved or denied. In case of denial you have 60 days grace period after your current OPT ends; in which you can still be in US and on legal F1 status. You cannot work in that grace period though .You will have to wait untill your next CPT start date. Also I would suggest dont get panicked about RFE. Usually RFEs do clear, unless you have applied through some awful desi consultancy. And it depends on what RFE it is. If approved, you will be in H1 B status on 1st of OCT automatically, you do not lose it. I hope this helps. its too length, but I tried to answer all the questions!

          Comment


          • #6
            I'm in the same situation and if you have any questions you can contact me

            Comment


            • #7
              Originally posted by DesiOPT-FaceBook-Fan View Post
              1. no. You will be on F1 status, becuase your H1 is in process, you are under cap gap untill it gets approved or denied. In case of denial you have 60 days grace period after your current OPT ends; in which you can still be in US and on legal F1 status. You cannot work in that grace period though .You will have to wait untill your next CPT start date. Also I would suggest dont get panicked about RFE. Usually RFEs do clear, unless you have applied through some awful desi consultancy. And it depends on what RFE it is. If approved, you will be in H1 B status on 1st of OCT automatically, you do not lose it. I hope this helps. its too length, but I tried to answer all the questions!

              I don't think you get cap gap under CPT. Its only when you have your h1-b picked and if your OPT ends between April and October.

              Comment


              • #8
                Originally posted by DesiOPT-FaceBook-Fan View Post
                1. no. You will be on F1 status, becuase your H1 is in process, you are under cap gap untill it gets approved or denied. In case of denial you have 60 days grace period after your current OPT ends; in which you can still be in US and on legal F1 status. You cannot work in that grace period though .You will have to wait untill your next CPT start date. Also I would suggest dont get panicked about RFE. Usually RFEs do clear, unless you have applied through some awful desi consultancy. And it depends on what RFE it is. If approved, you will be in H1 B status on 1st of OCT automatically, you do not lose it. I hope this helps. its too length, but I tried to answer all the questions!
                I agree, since he is in CPT he is not able eligible for cap GAP, but what said is true for OPT students. You are good as long as your are admitted in the uni and your SEVIS is transferred, does not matter when class starts. Please consult with your university's international adviser as well. Good Luck!

                Comment


                • #9
                  1 no
                  2 what u r doing is legal so dont worry .. for safety just get u r h1 results as soon as possible ( premium or responding to rfe very quick )

                  Comment


                  • #10
                    How much time does uscis usually give to submit rfe documents?

                    Comment


                    • #11
                      Nuvvu super ra

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