Apply for Day1 CPT when old H1B is revoked and new H1B transfer is in progress


(Sam) #1

Hi ,

Please answer my query.
i have applied for h1b tansfer with EMP B and EMP A has revoked my h1B on Dec 13, please let me know can i apply for Day1 CPT to continue my status if H1B transfer got denied?


(Anil Gupta) #2

I strongly recommend to NOT apply for Day 1 CPT. We are seeing lot of H1B rejections based on Day 1 CPT cases.

When was your H1B transfer filed? Was it before i94 expiry?


(Sam) #5

Thanks much for the reply Anil.

please find my query below:
My last date with Employer A was July 20th, H1B Transfer filed and denied on sep27 due to speciality occupation. Refiled on Oct 2nd and my Old H1B with EMP A got revoked on Dec13th 2018.

Can I file with other employer now?

if I am not worried about h1B rejection in future can I apply for Day1 CPT, just to stay 2 or 3 more years.

i94 expiry is Oct 2020.

Thanks!!


(Anil Gupta) #6

You can file whatever you want if you are not worried about future rejections and the sole purpose is to stay in USA for couple of years. Your choice.

It looks like you can file another H1B transfer based on the limited information you have shared.


(Sam) #8

Thanks Anil.

Could you please let me know am i eligible to apply for Day1 CPT since my old visa is revoked and H1B transfer is denied in future like may 2019.

If with other Company B i file h1B transfer can i appeal again with same company B like i did with Company A on Oct 2nd 2018.

Thanks again Anil.


(Anil Gupta) #9

Yes, you can apply appeal.
Day 1 CPT can be applied too.


(Sam) #10

kindly let me know - does the above reply relies on i-94 date?


(Anil Gupta) #11

Yes, it does.
If your i94 expires, you do not have a valid status in US.


(Sam) #12

Just last query Anil.

So can I apply H1B Transfer with Employer C if the current appeal of Employer B gets denied after 5-6 months irrespective of Employer A H1B revocation?


(Anil Gupta) #13

As i said, it depends on your i94 status in US. Its difficult for me to guess what will be your status as you are mixing too many things.


(Jing Shao) #14

with CPT day 1 for 2nd master, if my H1B got denied this year because of this, can I still have my current doctorate program F1 valid´╝č


(Anil Gupta) #15

Can you elaborate on your current scenario?

You are currently working on CPT or studying?