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CPT student applying for h1b. Should i apply with change of…

CPT student applying for...

CPT student applying for h1b. Should i apply with change of status or consular processing

Lawyer's Assistant: What steps has the student taken? Have they filed any paperwork with the U.S. government?

Yes

Lawyer's Assistant: Has the student talked to a lawyer about the H-1B visa?

Not yet

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Answered in 1 minute by:
3/27/2018
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,395
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified

Hello! My name is***** and I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Sorry for the delay. I just ask that if the news is not good that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

You are not eligible for OPT? When does your program end?

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Customer reply replied 3 months ago
My employer is applying for H1b and I am working as part of my CPT (which is valid till June 23, 2018 ). Should application be "Change of status" or "Consular processing"

I understand that. But my questions still remain. You are not eligible for OPT? When does your program end? Does is end the same date as your CPT?

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Customer reply replied 3 months ago
This is my second masters program and my program ends August 2019.

Ok. So you would be maintaining your legal F-1 status until at least October 1, 2018 if not longer, correct? Just that you would not be able to work after June 23, 2018, correct?

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Customer reply replied 3 months ago
I need to get new I-20 for every semester with work authorization. So for this semester, I have received work authorization until June 23.

Ok. It is better usually to apply or change of status. If you are approved, you would automatically change status to H-1B on October 1, 2018 or after, depending on when you are approved. If you do Consular Processing, you would have to leave the U.S. before your status expires and get H-1B visa stamping in your passport to come back and the earliest you could come back would be no more than 10 days before October 1, 2018. My recommendation is change of status.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

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Customer reply replied 3 months ago
One last question: As I am in CPT am i eligible for cap gap extension?

Unfortunately, cap gap does not apply to CPT. Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,395
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
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Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

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Guillermo Senmartin
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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