Hello, I am currently on CPT (while in F-1 status), and CPT will expire on 5/17/2013. I asked my DSO to extend my CPT to 8/18/2013, and she wouldn't because my company filed for H1B on 4/1/2013. Can I work with CPT from 5/17/2013 to 08/18/2013 if my H1B is pending? Thank you
As there was an H-1B lottery this year, the question would be whether you were selected as a positive response would make the actions of the DSO moot. If selected, you are allowed to work under H-1B cap-gap regulations until October 1, 2013, unless the adjudication is unfavorable. If you are selected, USCIS would probably take its time in making an adjudication. If it had a question concerning the petition, it would generally request further information which would put the date past any extension date on your CPT. The difficulty would be if you were not selected. In that case, you would probably have known prior to the CPT expiration date and could have informed the DSO who could then have reconsidered her decision. Due to the limitations of the lawyers.com forums, Alan Lee, Esq.’s (the firm) participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting the question. No attorney/client relationship is or shall be construed to be created hereby. The information provided herein by the firm is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice, nor as the basis for making any decisions of legal consequence.
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