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Need Urgent Suggestions

Discussion in 'Suggestions' started by RSONG, Jul 9, 2015.

  1. RSONG

    RSONG New Member

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    Ron,

    I'm not sure this is the right place to post this but I need urgent suggestions.

    I am in a difficult situation and will appreciate it if you can share your thoughts.

    Just got laid off. The employer put the last day on Aug 7th after I negotiated. I currently have H1B good till Apr 2016 and it couldn't be renewed. My 2nd PERM is pending since Feb 11th 2015 so don't have a new I140 yet.

    It will be hard to find a new job by Aug 7th and even if I find one there is no enough time to get a new I140 before H1B expires.

    I am thinking about enrolling at a school which could issue CPT from the start of 1st semester. That way I could work 40 hrs / week after I find a new job.


    My questions are:

    1) Do you think such a plan is feasible and it is legitimate by doing so?

    2) I have already got a master degree back in 2009 and used OPT before. Can I still enroll in any school like a language school and use CPT?

    3) Is there any limit on how long CPT can be used?

    4) Any better options?


    Your quick response is highly appreciated.

    Thank you so much!
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Many people have done what you propose. I do not recommend it because it leaves you open to a charge of visa fraud later if/when the USCIS decides to start enforcing existing law. I suggest that you go out of the country and wait until your I-140 is approved and then come back as an H1B.
     
  3. justice

    justice Member

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    Why cant you join another firm who will do the H1 transfer( i think theres about 30-60 days window)
     
  4. gcmatters

    gcmatters Guru

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    Rsong,
    You mentioned that your second PERM is in process. Does that means you already have a valid and approved I-140 ?
    Ron,
    If one has approved I-140 from any employer can't they use that to get the extension ?
     
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes they can.
     
  6. gcmatters

    gcmatters Guru

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