H1B change of status rule during F1 CPT

Question

H1B change of status rule during F1 CPT

Anonymous Nov 25, 2012 3 views 3 answers

Hello I am a graduate student in the STEM area holding an F1 status I have a job offer from a US based employer who wants to file for my H1B change of status sometime next April 2013.I have decided to join the job on F1 CPT from January 2013 till I get the H1B change of status .Then I can continue on H1B from Oct 1,2013. My questions related to my case is: 1. Provided I am on F1 CPT(Curricular Practical Training),can my employer file for a F1 to H1B change of status during CPT period? 2.If the H1B change of status is approved,BUT I do no receive a new I-94 card,then do I have to go back to my home country to get the H1B visa stamped? 3.Adding to the question 2. , can I continue on F1 status even if my H1B is approved(without COS i.e without new I-94) and do not go for a H1B stamping?

Myron Morales · Accepted Answer · 2026-06-15T10:40:37+00:00

1. Yes, they can apply for the H-1B, either as a change of status (new I-94 issued on approval notice) or just the status (you have to get a visa abroad and be admitted in H-1B status). 2. Yes, you have to obtain a visa abroad and then be admitted in H-1B status. Usually this only happens when you do not seek a change of status or for some reason the USCIS believes that a Consulate needs to make an admissibility decision. 3. Yes, you can do that and then get the H-1B stamping later. Myron R. Morales, Attorney Morales PLLC [email protected]

Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed · Accepted Answer · 2026-06-15T10:40:37+00:00

1. Yes absolutely. But not before April 1, with an October 1 start date. 2. If and when the COS is approved, the I-797 Approval Notice will serve as your new I-94 card enabling you to start working without having to leave the country to obtain a consular visa. 3. Yes, you could choose to ignore the H-1B approval and decide not to go to work for the petitioning employer. You will then continue in F 1 status as if nothing happened.

Carl Michael ShustermanImmigration AttorneyLos Angeles, CA · Accepted Answer · 2026-06-15T10:40:37+00:00

I agree with my colleagues. Please click the link below for additional information. --------- Carl Shusterman, Esq. Former INS Trial Attorney (1976-82) Board Certified Immigration Attorney (1986 - Present) Subscribe to our Free Immigration Newsletter 600 Wilshire Blvd., Suite 1550 Los Angeles, CA 90017 (213) 394-4554 x0 Web: www.shusterman.com (English) www.inmigracion-abogado.com (Spanish)

H1B change of status rule during F1 CPT

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