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Can CPT be a good way to gain experience in addition to or instead of H-1B?
In my opinion, yes. CPT is a good option. But, the USCIS has been taking the position that after exhausting their OPT, the students should not be allowed any CPT. If they use CPT, USCIS may try to deny them status within the USA, requiring them to leave the USA and return only when an H-1B visa stamp is procured. While that is not any more difficult than an H-1B petition in which no CPT was involved, it is nonetheless a hassle.
I also think that the USCIS interpretation is incorrect. There is no limit on CPT. It is an integral part of the students' education.
The F-1 practical training regulations contain the following provision:
"A student may be authorized 12 months of practical training, and becomes eligible for another 12 months of practical training when he or she changes to a higher educational level. Students in English language training programs are ineligible for practical training. An eligible student may request employment authorization for practical training in a position that is directly related to his or her major area of study."
8 CFR 214.2(f)(10)
USCIS has been interpreting this language to mean that the 12 months of practical training applies to CPT and OPT combined. For instance, if you obtain 7 months of full-time CPT, you would then have only 5 months of OPT remaining.
This interpretation is in direct contradiction to over a decade of policy, which has consistently held that the CPT time is deducted from the OPT only if: (i) CPT was issued for full-time training; and (ii) used for a year or more. If both these conditions exist, then and only then would the OPT ineligibility kick in:
"... Students who have received one year or more of full-time curricular practical training are ineligible for post-completion academic training."
8 CFR 214.2(f)(10)(i)
CPT was always construed as an integral part of your education. It is not based upon an “optional” choice made by students to undertake OPT. There also is no limit on the time CPT can be allowed. The regulations presume and allow for more than one year of CPT:
"one year or more of full time curricular practical training" makes a student ineligible for OPT at the same educational level. 8 CFR 214.2(f)(10)(i)
In fact, as noted by several DSO’s SEVP’s Post-Completion OPT Planning Tool uses the computation directly counter to the USCIS illegal interpretation.
Note that if a change of status is denied on this ground, getting an H-1B visa stamping takes care of that. Additionally, it is highly likely that the USCIS would lose if there is litigation on this issue.
Comments
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Change of status from H-1B to F-1 by using Day-1 CPT process
Hi Rajiv Ji,
I am on H1B visa and I am planing to give-up my H1b and apply for Day-1 CPT and then apply for Change of Status from H1B to F1.
Is it legal?
Can I go this route? Can you help me in this matter?
Regards Anuj
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Change of status from H-1B to F-1 by using Day-1 CPT process
The question is unclear to me. You CAN apply for COS from H-1B to F-1. Discuss with your DSO when you may begin your CPT.
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
AOS from F-1 to GC
Hello Rajiv,
What will happen if someone apply for i-485 then enrolled in a Day - 1 CPT program? (Concurrently filed AOS and receipt notice received before the CPT start date) Can the I-140 or AOS be denied base on day 1 CPT? If it's denied, Is there an option for consular processing with approved i-140?
Thank you in advance!
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
AOS from F-1 to GC
This is not an easy answer. There are too many variables. You may want to post this in the next free community conference.
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
CPT working hours
Last Year I got my CPT visa approved and I started for TCS. In October, I got an offer from other organization and I submitted my resignation to TCS giving them a 2 week prior notice saying that my last date of employment would be on November 5, 2021. But that HR missed my email and again on November 16, 2021 when I dropped him an email about the update, he then said that he hasn’t received any email about resignation. Then I sent him the screenshots of resignation email. He said he would put that into system and now when I received employment letter, it states my last working date with TCS was November 16, 2021. How many times I try to tell them I have mentioned my last as November 5, 2021, they still argue that their system has November 16 as my end date and they are not willing to change it. But I am on CPT visa and I have started to work for new organization from November 10, 2021 and also in my cpt application I jave specified the same and got approved I-20 with November 5 as last date from TCS and November 10 as start date of my new employer. So my question is can I work for 2 employers at the same time for More than 40 hours a week just for 11 days during this conflicting period. If I am not supposed to work like that, what steps or action I need to take
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
CPT working hours
I do not have a definitive answer for you. But we can always argue that this is a minimal violation and that too unintentional. Your DSO might be able to give you better guidance.
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Registration for H1b on Cpt for 20Hours
Hi Sir, Last year I came to Us on F1. I'm going to Grad in Aug 2022. I have CPT for 20 hours from Jan to April, 40 hours CPT from May to Aug, can I file for H1b now?
Thanks in Advance
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Registration for H1b while on Cpt Graduating in August 2022
As long as you have a degree that qualifies you for the job, you can apply for the lottery. Even if your degree is not finished right now, but will be finished by the time you apply for the H1B, you should be OK.
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Job change while doing Day 1 CPT | H1B
How does the process of changing employers work when you are doing Day 1 CPT? Are there any rules that require to continue with the same employer throughout? Also, if you do get picked for H1B during your degree duration, when does your status change from F1 to H1B?
Thank you for your guidance.
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Job change while doing Day 1 CPT | H1B
You need to contact your DSO to change employers during CPT. As to your second question, see my Instagram reel/story from two days ago.
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Layoff after H-1B Lottery Selection
Hello Rajiv, I recently got layoff from my employer but I was lucky enough to get selected for the H-1B lottery. The bad thing is that they still haven't submitted my H-1B petition yet. I am wondering if I have an offer from a different/new employer, will they be able to file the H-1B petition for me?
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Layoff after H-1B Lottery Selection
Unfortunately, lottery selection cannot be transferred to another employer.
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Day 1 CPT & Future Green-card process
Hello Sir,
Thank you for everything you do. I am planning to enroll in a Day 1 CPT MBA program and was wondering if dropping the course midway will affect my chances of getting a future H1-B or L1-A to green card process?
Also, do you know any way that we can vet a university before joining the program?
Thank you, Jaidev
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Day 1 CPT & Future Green-card process
As long as you act in good faith (honest intentions), dropping a program of study should not be an issue. Also, you can continue going to school part-time or even full-time if you like while you perform your job on an H-1B or L-1A.
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Day 1 CPT and H1B
Hello Sir,
I am enrolling in Day 1 CPT as my H1B was no filed by my company this year. I was wondering when can I apply for H1B while I am on Day 1 CPT? Is it during the course or after I complete the course?
Thank you so much for your time.
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Day 1 CPT and H1B
There is no law that stops you from applying for the H-1B lottery at any time.
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
H1B approved for 1st Oct 2022 but got laid off
Hello Rajiv, I am currently on STEM OPT. I recently got layoff from my employer but I got selected for the H-1B lottery and its approved. I do have the original approval notice. H1B will start on 1st Oct 2022. Can i find a new employer who can initiate a H1B transfer as soon as possible in premium processing? OR Can i transfer H1B after 1st Oct as we have 60 days to find new employer. OR Shall i keep F1 and continue working on STEM OPT as it is valid for one more year?
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
H1B approved for 1st Oct 2022 but got laid off
This issue should be covered in our FAQ. Please see: https://www.immigration.com/faq
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
H1b Approved, do i need to keep up with my degree or can I drop?
Hello Sir,
I was on CPT for a year and a half before my H1b visa was approved last year. After that, I took a break from my studies. Now, I want to visit India, do I need to resume my degree? I'm planning to drop it as it is too expensive. Will there be any issue in stamping as it would be my first H1b stamp.
Thanks
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
H1b Approved, do I need to keep up with my CPT degree?
From a purely legal perspective, there is no law that requires you to continue with your degree if you have received your H1B approval. However, I am concerned about appearances also. Ideally, people should take up a new educational program only if they are serious about it and that program furthers their career.
If you quit, you should have a good, truthful explanation for why you started that degree and why you quit. You may never be called upon to explain yourself, but the USCIS and the consulates could potentially ask about any relevant matter when you appear for an interview.
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Day 1 CPT
Hi Rajiv Ji,
I am currently on 1 year Non-STEM OPT. My H1B lottery was not picked last March. My HR is suggesting I enroll in Day 1 CPT College.
Are Day 1 CPT colleges STEM designated? What happens if I join 1 year Day 1 CPT college and take 1 week vacation (to purposefully make the CPT days less than 365 days).. Do I get 3 years OPT after the program completion?
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Day 1 CPT
We should talk about this. You are welcome to post a message for our next community conference call. We have one almost every other Thursday. https://forums.immigration.com/forums/free-conference-call-for-us-immig…
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
L2S to Day1 CPT
Hello Rajiv ji,
Currently i am on L2S dependent visa till sept end and working for a employer in US. I did not get picked for lottery jn 2022 but my husband got picked in lottery in 2022. Now, the situation is my status will change from Oct1 to H4. I will have to give up my job. Can i apply for Day1 CPT?
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
L2S to Day 1 CPT
Read our FAQ. This issue should be covered in our FAQ. Please see: https://www.immigration.com/faq
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Day 1 CPT
Hello Rajiv ji, I have some questions about Day 1 CPT. 1) Is it legal? 2) If it is how do I convince the company lawyer about this? What examples should I give so that he will be convinced? 3) Should I not mention day 1 CPT to lawyer instead I can just mention that I will be doing second MS and which allows me to work from the start. 4) Is it feasible to travel to India on day 1 CPT considering will have to get visa stamped?
Thank you so much. Ajinkya
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Is Day 1 CPT Legal?
Day 1 CPT is legal. Show your lawyers this link from the US Department of Homeland Security:
https://studyinthestates.dhs.gov/sevis-help-hub/student-records/fm-stud…
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Stem OPT to Day 1 CPT
Hello, I'm on my Stem OPT. This was my 3rd attempt for H1B but was not selected. I got an admit to Day1 CPT university but by then I was laid off from my work. My EAD expires on Jan 15th, 2023. Can I start my Day 1 CPT without a job? Thank you
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Stem OPT to Day 1 CPT
You need a job. Talk with your DSO.
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
CPT Course and H1B
I was doing full time job on CPT online Masters program. I got H-1B approved which is starting October 1st. Now if I postpone the fall semester (as I am facing lot of issues continuing the course work) will it affect my status? Someone told me I won't have status from back August when the fall semester started. Can you shed light on this please?
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
CPT Course and H1B
I think you can postpone or discontinue without any problem.
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Dropping H1-b
Hi sir My opt card starting date is from January 2023. I can not complete my education in fall. Now can I extend date of my OPT is it possible or can I work will studying with Opt. One more question can I file my H1-B for this April will my my masters will be complete by may.
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Dropping H1-B
This will require some discussion. You are welcome to post a message for our next community conference call. We have one almost every other Thursday. https://forums.immigration.com/forums/free-conference-call-for-us-immig…
If you cannot wait, feel free to set up a consultation with us: https://www.immigration.com/our-fees
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
CPT Course and H1B
Hi Rajiv ji, Recently i got a full-time job at one company on CPT online Ph.D. program. I got H-1B approved with a different company. Please suggest to me, Can transfer the approved H1B to my current full-time job Company, Please let me know of any issues in my situation?. and Until transfer my H1B transfer, can I continue with CPT.? I am middle of Ph.D research work, and FullTIme is also very important in my situation and H1B aswell. I have been waiting for both( H1B and Fulltime) , for the last 7 years. I do not understanding my situation; Please suggest me good path.
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
CPT Course and H1B
You should be able to transfer your H-1B. Check with the lawyers who will assist you.
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