Can i Apply H1B while being on CPT ?

[sharadchandra1385]

Hello All,

my wife is currently pursuing her MBA on F1 and is expected to graduate by the the end of Spring II 2018. She is expected to start her CPT by September. My question here is:

- will she be able to apply for H1b for the April 2018 cycle, while being on CPT in the early part of 2018 (expect her to be on CPT during Jan, Feb March 2018) ?
- I have my 140 approved. Shall i get her f1 changed to H4 EAD and then apply for H1B for the April 2018 cycle ?

Kindly oblige me by your response. It would be great to hear from like minded folks who would have been in the same situation or would know for sure what is the best approach in the above case.

regards

[inadmissible]

She has nothing to gain by switching to H4EAD as long as she has CPT, and subjects herself to the risk of you losing her job. It is something she should only do once her CPT runs out, if she doesn't get picked in the H lottery. If she gives up her CPT she isn't likely to get it back. If you lose your job you can get F-2 and stay in the United States to search for a new job. Giving up her F-1 is too much risk for no reward, unless she really wants a job outside her field of study.

[sharadchandra1385]

She has nothing to gain by switching to H4EAD as long as she has CPT, and subjects herself to the risk of you losing her job. It is something she should only do once her CPT runs out, if she doesn't get picked in the H lottery. If she gives up her CPT she isn't likely to get it back. If you lose your job you can get F-2 and stay in the United States to search for a new job. Giving up her F-1 is too much risk for no reward, unless she really wants a job outside her field of study.

ok thanks. it does make sense. Would you have any opinion with regards to the first query of mine ?

[scientist2016]

ok thanks. it does make sense. Would you have any opinion with regards to the first query of mine ?

Yes she can. Application for H1 has got nothing to do with the applicant's current status.

[sharadchandra1385]

Yes she can. Application for H1 has got nothing to do with the applicant's current status.

thanks. But in my scenario that i have quoted, she would not have graduated until may 2018. And i would be trying to file her H1b before her graduation while she is on CPT.

- Would this be any sort of CPt abuse (i read some versions in different forums and i am yet to consult an attorney on this) ?
- Since she wont have graduated by the time i file her nomination for H1b in 2018, would she be considered for the 20000 quota of students having completed their MS/MBA from US?
- If she wont qualify for the 20000 quota, and she would be on F1 while filing her H1b, how would the process go about for H1b ?

i am trying give 2018 lottery a hit, with my current graduation schedule of May 2018.

thanking you in advance!

[inadmissible]

That is fine. It is not CPT abuse. She will be fight in the spot among the 65,000 not the 20,000. You won't be filing her H petition, her prospective employer will; likely it will be the same employer she works for on CPT

[sharadchandra1385]

That is fine. It is not CPT abuse. She will be fight in the spot among the 65,000 not the 20,000. You won't be filing her H petition, her prospective employer will; likely it will be the same employer she works for on CPT

ok. thanks!! Appreciate your response.

Let us say the employer (with whom she was doing her CPT) filed her H1, and it did not get picked( the results i guess would be known by June-July-August time frame). In this scenario, how do i ensure her f1 status continuity ? what would be an ideal time to file for an OPT ? can she file OPT in Feb time frame(which is same as her H1 application time frame) so that the OPT gets approved by the time of her graduation gets completed in May 2018 ?

what happens when her OPT gets approved from May 2018 post graduation and then she learns that her H1b is also selected in lottery ?how does the change of statuses work ? is it automatic?

[scientist2016]

ok. thanks!! Appreciate your response.

Let us say the employer (with whom she was doing her CPT) filed her H1, and it did not get picked( the results i guess would be known by June-July-August time frame). In this scenario, how do i ensure her f1 status continuity ? what would be an ideal time to file for an OPT ? can she file OPT in Feb time frame(which is same as her H1 application time frame) so that the OPT gets approved by the time of her graduation gets completed in May 2018 ?

what happens when her OPT gets approved from May 2018 post graduation and then she learns that her H1b is also selected in lottery ?how does the change of statuses work ? is it automatic?

Remember, applying for OPT is from your side, while H1 filing is an employer's prerogative. So you can have both processes going on in parallel. If her H1 gets picked, and COS is accepted, then automatically her status will become H1 come Oct1, 2018. If not, she can continue with her OPT and try for the next lottery.