CPT or OPT to EB3

Bear1015

New Member
I went to Community college in US and transferred to a 4-year university and got a BA degree in STEM area. My STEM OPT expires on March. My F-1 expired two months ago. I am thinking to go back to Community college (by transferring SEVIS to maintain the i-20 valid. The school already replied me I was allowed to be on CPT starting next spring) where it can allow me to work on CPT so that I do not have unemployment gap.

However if the new rule regarding the extension of OPT STEM into 24 months passes next February, I would not have to be on CPT. But since the school starts on January I need to decide whether to

1) transfer SEVIS on January before the OPT expires and be on CPT (safe way not to have the unemployment gap)
2) wait for the new rule to be passed until February (risky way)

Which way would you recommend?


A few more questions to ask,
1) Can I apply for EB-3 at this situation now?
2) Can I only apply for EB-3 under H1B?
3) Can I apply for EB-3 under CPT?
 
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