QUESTION
Filed my H1B late this year (for 2014 cap) is CPT a good option to me?
Asked on Apr 08th, 2013 on Immigration - New Jersey
More details to this question:
My employer filed my H1b late. Therefore, my application won't be eligible for H1B lottery this year. My EAD OPT will expire in July 2nd 2013 and is not extendable. My employer believes I can continue working with them by getting a CPT. Can I join CPT after my OPT and continue working with my employer? Also, am I eligible to file H1B next year (April 2014)? Can my wife, who is here in OPT as well and didn't file H1b (not working currently), change her status to F2, assuming I get CPT?
2 ANSWERS
You cannot get CPT if you have already used up your OPT, I believe. However, you can continue your studies by doing some additional coursework until you can have a petition filed again in April 2014. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answered on Apr 10th, 2013 at 1:16 AM
3 Awards
The questions you have asked are extremely complicated and requires a full analysis of the facts and circumstances of your case. You may qualify for a STEM extension. Have you looked into that? You may be able to file the H-1B because your employer is exempt from the cap. Have you looked into that? You may also want to consider enrolling in a new F-1 program to remain in the U.S. There may be other options but we need to look at your resume and understand your employment options too. You will want to seek out the counsel of a qualified immigration lawyer who would be able to let you know your options.
Answered on Apr 09th, 2013 at 11:02 AM