I was working on OPT when my employer filed an H1B petition for me. Unfortunately, the petition was denied and I transferred my SEVIS record to another program of study…

… so that I could continue working on CPT. My employer is getting ready to file a new H1B petition for me. I am concerned that USCIS will question whether I have been maintaining valid F-1 status in this situation. If USCIS finds that my CPT was not properly authorized and I, therefore, violated my F-1 status, will they deny my H1B petition?

Answer

The situation you describe is somewhat common with F-1 students and it does sometimes result in a finding of a status violation. However, this does not mean that your entire H1B petition will have to be denied based on that. If USCIS determines you have not maintained valid F-1 status, they can still approve the H1B petition that you can use to apply for an H1B visa from outside the U.S. (19.Jan.2018)

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