H1b cap is reached, I am currently in OPT which is expiring July 2nd 2012

I am a master;s student in my OPT till 2nd of July 2012. I am not graduated yet, have to finish one course. I work for a company which was appying for H1b under my bachelor;s degree, now as the cap is reached, what option do I have. Is there any other visa which allows me to work for the current employer? Also is there any chance to go back to F-1 status and finish my Master’s and work for the employer under CPT?


I am also facing on same sitution if u get any info plz let me know

Hi Nihal

Unfortunately, applying for OPT converts you from a Full time student to a full time student on OPT.

Which means, you are no longer eligible for program extension. Since you were already issued an I20 for OPT, there is no way to go back to school for the same program.

You do have a couple of other options.

  1. try to ask your school for acceptign you into another program. With a fresh sevis record, you can go back

  2. Try to get a stem extension if you are eligible.

You should go back finish your masters. You need to keep in mind a student gets only one OPT each for his bachelor/master/phd. If one has availed full 1 year of OPT he cant avail CPT anymore.

To be eligible for CPT employment:

*You must have been enrolled in school full-time for one year on valid F1 status (except for graduate students where the program requires immediate CPT)
*The CPT employment must be an integral part of your degree program or requirement for a course for which you receive academic credit
*You must have received a job offer that qualifies before you submit your CPT authorization request
*Your job offer must be in your major or field of study

If I would have been you, I would  taken more courses and extended my graduation untill next year, such that my employer can file for a fresh case in April 13 when the quota opens. This is my 2 cent.