Then comes H1B Visa approval after a long wait. Getting your H-1B visa approval is the first step of your journey to towards your dream and a long career ahead in the USA.
This condition primarily applies if the applicants are located within the USA or outside the country at the time of H1B Visa petition. Typical H1B visa start date would be October 1st if the application was submitted during the month of April. You have to consult an immigration attorney to get all the necessary answers to your unique situation or for additional questions. You can go for H-1B stamping to your nearby American consulate.
However, each U.
Always consult an immigration attorney to get your questions clarified. If you have a unique situation, be willing to spend some money to get your questions answered by an immigration expert. If you live outside the United States, you can schedule your H1B visa interview. You must know that you just cannot go for stamping without the knowledge of your employer and receiving all supporting documents. Do I have to apply for OPT extension? You should look at the Sevp portal — if its gets updated to sept 30th then your cap-gap is in place.
Hi Raghu, I got my H1B approved in and stamped in Visa stamping has been expired now. I have received the approval notice which is valid till June But due to some issues I am not traveling and will be travelling in Does this mean that my Petition has been wasted or in future I can extend the same Approval Notice even if I have never travelled to US while it was valid.
Is it mandate to get the stamping done and travel to US during the validity period. But, it is maybe good to get it clarified with an attorney.
I am on L1 visa which is expiring on Aug 1st weekmeanwhile last year H1 picked up in Lottery. So can i go to home country and stamp H1 on Aug 1st week or 2nd week. Would it give problem to me?Some of the common questions that can arise are like below. What is CPT? In generalCPT is a type of employment that is given to F1 students, where it is part of academic curriculum or degree program, and required to be done for completion of degree.
Typically it could include supervised field work, any work that is mandated by curriculum for hands on exposure. CPT is of three to four types, depending on school. You will have to be enrolled full time in the degree program at school to avail CPT.
CPT and H1B
Also, it is given only after approval from academic department and your DSO will give you a new I20 indicating the same. It will have to be taken every semester as required. If you do CPT full time for 12 months will lose the option to utilize 12 month OPT, so you have to watch how you use it. Of course, doing part time CPT work will be fine. The basic requirement for availing CPT is that you have to be an F1 student enrolled full time in a program for one academic year Fall and Spring.
The basic rules of CPT applies all the time, unless there is an exception as mentioned above that is stipulated by the academic program, especially as part of the graduate or masters program. This is a grey area and subject to interpretation.
In the past many were using 12 months of CPT in second masters, without properly interpreting the rule of Practical Training and sometime getting away with it. But, in recent years, USCIS is looking at it closely and they are interpreting differently, applying OPT rule on degree levels, stating that you get 12 months of practical training for one degree level, including CPT.
See below screenshot from ICE Reference. So, be very careful on how you use CPT in second masters at the same degree level. Many of the Day 1 CPT universities do not provide this clear guidance and as it is grey, they say possible, but it is you as student who need to aware of the risk as you will be the one having the issues in future.
If you are not clear, discuss with a qualified attorney. Also, some established public universities like North Dakota State University have started to clearly tell that you get 12 months of CPT for each degree level. Typically 12 month OPT is given for every academic level i. Same rule as in above screenshot applies here. Be cautious when someone says that they offer CPT from first semester for all the programs. There are some programs in some schools that mandate CPT from day one as part of the curriculum, but you would have to execute with caution.
There are many schools that are considered degree mills which offer CPT from day one, you need to be very careful with these as you may end up in trouble later during H1B process, if you violate something. Recently, inmany F1 Students were arrested for doing Day 1 CPT for Second Masters at University of Farmington, so be careful and do not break any law or knowingly engage in something fraud.
Do NOT assume anything by reading the above article as rules always keep changing and there can be subtle variations. Looking to carpool from Boston to Harrisburg! Does any Problems faced while filing H1b?? Can any one help me what are all the possibilities that we have. Thanks in Advance. I did ms in uk. I am completing 12months OPT after certificate course. I wish to do a masters now.I am currently working professional as CPT 40 hours 2nd masters… status continue my study at Harrisburg university PA, My current employer applied H1b for regular quota not premium and have received RFE to response which are due dates 7th November.
5 Tips how to answer an OPT/CPT RFE
Employer soon reply for it and hopefully that may approve. Am i able to travel to india in December 1st to 15th based on my current student status? What will be my status considered till my H1b Decision happens? You can travel, but if you have filed it as COS, it will be abandoned…in general, Day 1 CPT is a very risky option as there are handful of schools that do that and historically have ended up in many issues…Many have got status RFE and got COS denied…Be prepared for back up options or convert the application to Consular processing and go for stamping to avoid issues…Discuss with your attorney on your options.
Again, what is the RFE? Talk to your attorney. Thanks Kumar! So i have decided not to travel based on my conversation with lawyer as that may cause conflict to my status.
Sure, it is your discretion. Do post your update on stamping on how it goes with RFE and visa stamping in future. Hello Everyone, Thank you in advance!! What is the RFE regarding? Thank you Kumar for reply! Thanks for your advice.Forums New posts Search forums. What's new New posts Latest activity. Members Current visitors. Ask a Question. Log in Register. Search titles only. Search Advanced search….
CPT and H1B. Thread starter amits78 Start date Oct 5, What is the name of your state? My consultant has applied for my H1B at Nebraska Service center. He sent the packet on sep. He said that he has not received any confirmation yet.
I have the following questions: 1 can i work with a different company non- consultant on cpt till my h1b get approved? How long i have to work with the consultant so that i am eligible for h1b transfer and i wont be subjected to the h1b cap. Any responses would be appreciated.
ImmigAttyLana Senior Member. Once your first H-1B is approved, any transfer to another employer in H-1B status is not going to subject you to the cap, but you can only work for the employer who has filed a H-1B petition on your behalf.
Therefore, until the approval comes through, you can continue to work on your practical training, but after the approval, you can only work for the sponsoring employer until another employer files a new H-1B petition on your behalf.
At that point, you would have to present probably at least 2 recent paycheck stubs in order to get the transfer H-1B petition approved as a transfer and not for consular processing. Please let me know if you have any additional questions or need further assistance with this matter. Yes, that is exactly what I am saying. Even if you cancel the H-1B approval, this will not automatically reinstate the F-1 status. Rather, you would have to go through the entire process of reapplying for the F-1 status, with a new I, new consular processing, etc.
Thanks a lot for all of your responses. My employer has just applied for H1B. He has not received LIN number so far. H1B fees are also not paid. Thanks in advance. You can withdraw the h-1b but keep in mind that the h-1B cap has already been reached, so if you withdraw it now and your CPT will run out before Octoberyou will not be able to get a new H-1B until october 1, and could potentially face a long gap in employment authorization, let alone a possible gap of time during which you will not be permitted to remain in the us after the expiration of your cpt.
Please let me know if you have any additional questions or concerns or need further assistance with this matter. Thanks a lot for promptly responding to all my questions and showing a lot of patience with me.Any mistakes or wrongful calibration of the answer can result in a denial.
Below are five tips how to deal with the issues. Note that there might be a lot more questions.
Day 1 CPT people h1-b approval issues
Tip 1. Tip 2. Show your pay check stubs and W2s. If unpaid, show a letter from organization where the student was working. Also have a letter and details of the company which has participated in the CPT program including articles of incorporation, taxes, etc. Tip 3. A letter from your school explaining in detail why CPT was required in the specific course of study including any experts analysis. Tip 5. An analysis of the law is not sufficient. There should be a combination of both law and facts.
It is sometimes stressful when students receive a RFEs on cases. You need to put a logical answer. While many of the answers follow a logical path, it is often difficult to explain both the law and the facts in the context. This is why having an experienced immigration lawyer help you on the case might make a big difference. The Shah Peerally Law Group PC has processed hundreds of such cases and we shall be glad to help, please call us at to work on your case or simply for a consultation.
Disclaimer: The information in this web site does not constitute legal advice. We make no guarantees about the accuracy or adequacy of the information contained or linked to this web site. Subscribe to our Newsletter. Email Address. Note that there might be a lot more questions; Tip 1. Schedule Consultation. Our Recommentations. Shah Peerally Law Forum. In The News. Specialty Immigration Services.
Immigrant and Non-Immigrant Visas.Forgot your password? By guttisriJuly 22, in H1B : General. I'm doing my second masters and working on CPT. He said it is not legal. He suggested me to send the response back to USCIS asking to consider my H1 application as a counselor processing, which means even if my H1 got approved, I have to go outside of the country for stamping to Change of Status from F1 to H1. If rejected, what was the reason? Any kind of help and suggestions are appreciated. I'm in a dilemma to submit the CPT documents or choose counselor processing.
Please advice. What you did is nothing but abuse of F1. You almost killed your work career in US, either your luck or god has to help you now. Most probably they will approve your h1b if you have a project. As far as CPT is concerned they will deny your change of status. If it is approved change of status and H1b then u are good tro go. If they come with denied change of status then leave right away. Just get ready to make the decision.
Think about things that you would need to do if you have to leave the country. I agree with you, sometimes vo doesn't care about CPT. But this abuse will be in the systems, so it will come back and bite you one day for sure. Sorry for digging this topic out from the past but I wanted to ask about situation above.
Why was the case described a CPT abuse? In situation like above, where I would move back to Europe before starting my second degree in United States, where I would have 12 months of full-time student status before starting my full-time CPT and where there would be more than 12 month gap between end of my OPT and beginning of my CPT - does in situation like that, me working on CPT could be considered F1 student visa abuse in any way by USCIS?
And if so, why? It is only for working as integral part of the curriculum, e. What happened to your rfe? Did you get approval?And what is CPT? All these and many more questions come to mind when you talk about working in the US. All those who are keen on working in the US, and could not get through the H1B visa lottery, may still look for ways to work abroad.
All you need to know about CPT and Second Masters in the US
Curricular Practical Training, i. It is normally part of the academic curriculum in the US. You are required to finish this mandatory hands-on training for a designated period of time, to complete the degree program. Normally it is fieldwork in a supervised manner, for on the job practical knowledge.
CPT can be of various types- a mandatory training as part of the degree course, to get practical knowledge; an elective CPT, which can be done as an additional credit towards the end of the degree; CPT as a cooperative program, to combine education with practical knowledge; CPT as part of the research program, to finish field experience for thesis.
The enrollment has to be for at least one academic year, the only exception being if the program requires practical training from the first semester itself. So, if you are going for the second masters to the US, and wish to work there. The requirement to be enrolled full time in an academic program, remains the same, even if you have come back to do second masters. And, how about OPT? The answer remains the same. OPT is normally given for 12 months, one for bachelors, one for masters and one for Ph.
You need to progress to a higher level to get additional OPT. As per USCIS and ICE, it has been clearly stated that F-1 students may not work off-campus during the first academic year, but may accept on-campus employment subject to certain conditions and restrictions. All in all, the goal of CPT is academic. It is for the purpose of academic hands-on training only, the objective is the completion of your degree.
And it is definitely not an option to continue your employment abroad. As stated, the objective is purely academic and research. A word of caution- stay away from colleges offering CPT from Day1.Are Day 1 Curriculum Practical Training (CPT) legal?
Such schools are fraud and should be reported. They lure foreign students on the pretext of getting them to work. Many such colleges have lost their license for indulging in such activities in the past. Stilt provides loans to international students and working professionals in the U. Stilt is committed to helping immigrants build a better financial future.
We take a holistic underwriting approach to determine your interest rates and make sure you get the lowest rate possible. We will send you information only that's proven to be useful. This article is for those of you planning to work and live in the United States this year. If that's Table of Contents. Personal Loans. Check Loan Options. Useful tips delivered to your inbox. Subscribe Now.