I have been working on CPT and my employer filed an H1B petition requesting a change of status for me from F-1 to H1B. …09 Aug 2014
… My employer just told me that, while the petition was approved, USCIS denied the change of status from F-1 to H1B because they found that my CPT was not directly related to my field of study and this is in violation of F-1 status. Therefore, the employer told me that I need to leave the U.S., apply for the H1B visa, and reenter the U.S. to start employment on H1B. I still have two months before the H1B employment start date on October 1st and my CPT has been authorized through September 30th. Can I continue working and going to school in F-1 status for a few more weeks before I travel to obtain an H1B visa and come back?
By denying your change of status to H1B, the USCIS made a determination that you have violated your F-1 status and you are no longer considered to be maintaining status. Therefore, you are no longer eligible for any F-1 benefits, including CPT authorization. You should leave the United States, apply for the H1B visa, and wait to return in H1B status no earlier than ten days prior to October 1st. (09.Aug.2014)
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