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nepali american
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Posted on 09-13-10 8:34
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Hi guys,
i am in real trouble now. does anybody knows:
Can i file H1 direct from pure F1, without CPT or OPT if company wants to hire me?
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sab_nepaliko_sathi
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Posted on 09-13-10 8:48
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Last edited: 13-Sep-10 08:58 PM
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nepali american
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Posted on 09-13-10 8:57
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thank you for reply.
i have taken more then 12 months of CPT already in master degree and after completion of master i applied for the OPT but i am not getting OPT yet ( almost 5 months) and everybody is saying my opt will be denied because of my CPT .
one company is willing to hire me and sponsor the H1 also but i have nothing now. applied for OPT but not approved yet . this is my situation.
so can you suggest me some idea. i am about to out of status
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sab_nepaliko_sathi
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Posted on 09-13-10 9:05
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Your friends are right. You will not get OPT because you used more than 12 months of CPT ( I am assuming you took 12 months of full-time CPT. If your CPT was part-time this rule doesn't apply and you will get your OPT). You can definitely apply for H1. As of 9/3/2010 only 36600 H1 have been granted under the general quota for this year so you can still apply for H1 under the general quota or you could apply under the masters quota (13400 used as of 9/3/2010) . Having two applications at the same time might make things messy though. I am not sure what the law is on this but I can definitely tell you that if your OPT application is denied before you apply for H1 it will make things easier for you. Talk to your international adviser and figure out a way to get the OPT application issue resolved ASAP. You don't want to have two applications in at the same time. This is just my speculation, I am not sure what the law says about having two applications in at the same time.
Last edited: 15-Sep-10 06:09 PM
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nepali american
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Posted on 09-13-10 9:46
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Thank you very very much sabai nepali ko sathi. aaba mero pani sathi.
you really helped me.
thank you
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deeeep
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Posted on 09-14-10 8:56
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Having two applications does not mess up anything. They will be processed individually. Once you apply your H1 and has your receipt in hand you are allowed to work for 6 mnths or until you get the result, whichever comes first, so you are good to go even without having any OPT. thanks,
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furke
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Posted on 09-15-10 12:44
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Did you work 20 hrs a week on CPT or more? If you work less or equal to 20 hrs a week, you can get your OPT for full one yr.
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sab_nepaliko_sathi
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Posted on 09-15-10 6:07
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furke is right. The no OPT rule is only if you have worked 12 months of full-time CPT. I just assumed that you were talking about full-time CPT. If your CPT was part-time you will still get your OPT.
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