Can I apply for H1B while I am on CPT?

UPDATED: Dec 14, 2013

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Can I apply for H1B while I am on CPT?

My employer is ready to file my H1B in April of next year but I read in your forum that once my H1B will be approved, my CPT will be terminated. My H1B will start from October, so how can I continue working (considering that I get the approval in 2 months) with my employer as my CPT will be terminated and my H1B will start later? Also, for the H1B process I need to submit my graduation certificate but I cannot obtain it until I am on CPT. What documents I can provide in that case?

Asked on December 14, 2013 under Immigration Law, California


Gene Meltser, Esq. / BIRG & MELTSER

Answered 9 years ago | Contributor

That is correct, you may continue working on your current status until H becomes valid on October 1st. And your visa approval does not terminate your current OPT status. Your F status will be changed to H status as of October 1st, but it may be approved a lot sooner than that, without any harm to your current status. I would be glad to help you with H. please feel free to contact me at

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