Switch to F1 and reapply for next year cap, how work during Apr to Oct 1st?

USA F1, F2 Visas - CPT - OPT
1

I just missed this year H1B quota cap. I have MBA degree and my OPT will expire in July 2012. The only option I can think of now is to change to F1 and reapply for next year which my employer wouldn’t mind doing that since they already processed the filing by the time a cap is reached. Then again, I can start working only after Oct 1st, so there will be a 6-month gap (assuming I reapply on Apr 1st next year). Is there any other options? Anyone in the same boat, Any thoughts?

2

Nag,

Lets take it step by step

  1. Since this will be your second Masters you won’t be eligible for OPT hence a 1yr Masters won’t be of any special advantage in terms of offering you the flexibility to work.In fact it might be detrimental as it will effect your CPT working opportunity.

  2. So if you get into a 2 yr Master program by next May you will be eligible to apply for CPT as a result of which you can work during the summer(mostly May/June-July/Aug) full time. But after the break during the Fall quarter you can only avail half time CPT(i.e 20 hrs) as such there might also be some location restrictions. If your employer is willing to allow you to work remotely you could continue to work for the next couple of months half time till Oct 1st. In the meanwhile if your petition gets approved you can leave school to work full time beginning Oct.

3

Thank you Vicky.
A quick question here. Am I eligible for CPT if i enroll in a language school? I know it doesn’t make much sense but i know a language school who will accept my enrollment. Its just that a language school can give me more flexibility in terms of schedule.

4

When you say a language school I am not sure entirely on the length of the program. According to the rules a student is not eligible for a paid internship until he completes one full academic year(1 academic year=9 months) so it would depend on the particular program and the school you are attending.

Kaplan clearly mentions that even its 9 month programs are not eligible for OPT. So the best bet for you to be to check with the particular school and then confirm with your Int Student office about their claims.

5

I am in a similar boat as Nag. My situation is that I have an Masters in Fine arts and missed the H1B Quota. I can now apply for an MBA degree.
However, I have the same concern. If I do happen to get a job that sponsors my visa during my F1 status or CPT, can I file the visa on the basis of my MFA degree and then continue my MBA degree on a part time basis from October 2013 onwards?