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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 10895
Experience:  Write FOR JAMES to get my help!
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I have an immigration question. I have been going to a

Customer Question

Hi I have an immigration question. I have been going to a school for the past year with CPT for work authrorization. I recently got my H1B petition approved which is set to start on Oct 1st. I do not want to continue going to this school as I have to pay for the new semester (starting Aug 27th). My company does not mind me not working till Oct 1st so I plan on just staying in the country, after dropping out of school, waiting for my H1B to kick in. Is this legal?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: NY
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: I lost my CPT from the school on Aug 12th since I was sick
Submitted: 3 months ago.
Category: Immigration Law
Expert:  Expert James replied 3 months ago.

Hello! Thank you for using Just Answer. I am James, and I will be assisting you. As we work through your questions, think about this as a back and forth conversation. Once you've received the information you need, you can thank me by issuing me a positive rating of 3, 4, or 5 stars. This is the only way I get credit for doing my job, so please do not forget this before leaving the site.

Please give me some time to review your question.

Expert:  Expert James replied 3 months ago.

Thanks for your patience. Kindly remember that I do not get a salary here. Your positive rating is the only way I am rewarded for doing my job. So please do not forget to give me 3 or more stars, or any smiling faces, before leaving the site today. Thank you!

QUESTION: so I plan on just staying in the country, after dropping out of school, waiting for my H1B to kick in. Is this legal?

ANSWER: No. You are in F1 status until October 1, 2016. If you drop out of school, then you are out of status and cannot change on October 1.

If you are no longer in F1 status, you must leave the US and come back with a visa that reflects the status you want to be in the US. There are no exception to this rule.

I hope I have answered your questions. I aim to give you excellent service, even if the outcome is not what you wanted. So I am happy to answer any related follow-up questions you might have, at no additional charge.

And if you want to talk on the phone for 30 minutes, I can send you an offer for that.

Once you have received an answer, please help me get credit for doing my job, by giving me a positive rating of 3, 4 or 5 stars or any of the smiling faces. You can still ask more questions, even after you’ve given a rating.

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Thank you!

Customer: replied 3 months ago.
Thanks for your repsonse. How immediately is immediately? Like if the new semester of school starts on Aug 27th and I am not going to be a part of that semester, do I need to leave the country on our before Aug 27th? What if there are no tickets home till a few days after?
Expert:  Expert James replied 3 months ago.

You said you lost your CPT August 12. When did the DSO remove you from SEVIS?

Customer: replied 3 months ago.
I have not officially left school yet. I have asked to leave school but nothing has changed.
Expert:  Expert James replied 3 months ago.

Kindly remember that I do not get a salary here. Your positive rating is the only way I am rewarded for doing my job. So please do not forget to give me 3 or more stars, or any smiling faces, before leaving the site today. Thank you!

ANSWER: Right, but you are not fulfilling the obligations of the CPT right now. That ended on August 12. So you are currently out of status. You have 60 days from the date of your CPT ending to leave the US. You cannot change to H1B from grace period.

I hope I have answered your questions. I aim to give you excellent service, even if the outcome is not what you wanted. So I am happy to answer any related follow-up questions you might have, at no additional charge.

And if you want to talk on the phone for 30 minutes, I can send you an offer for that.

Once you have received an answer, please help me get credit for doing my job, by giving me a positive rating of 3, 4 or 5 stars or any of the smiling faces. You can still ask more questions, even after you’ve given a rating.

A BONUS is also appreciated if you feel I've earned it.

And if you have questions in the future, write FOR JAMES in the question and I will be your personal Expert in this category.

Thank you!

Customer: replied 3 months ago.
Wait, though my CPT ended, I was still in school on F1 status. What is the problem with that? If I am still in school, I am still on F1.
Customer: replied 3 months ago.
My CPT is not contingent upon being in school. Its just a bonus.
Expert:  Expert James replied 3 months ago.
your F1 student status is going to go all the way until September 30, 2016?
Customer: replied 3 months ago.
Well, I was planning on leaving school before then but you are suggesting I should not, unless I plan to leave the country and get my H1B visa stamped. Is that accurate?
Expert:  Expert James replied 3 months ago.

So when does your official program of study end?

Expert:  Expert James replied 3 months ago.

Hi again,

I received a message that you reviewed my response and may require additional assistance. However, I cannot see your correspondence above.

Please post it again, so I can continue to assist you.

Thank you!

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