Help for Stamping


pratibp

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Need help!!!

 

I did my masters in US from XXX state university, I did my CPT with YYY company and still I  am continuing the same company, they filed H1 and got approved, it will start from Oct 1st.

 

my brother marriage in March, 2015 in India, I need to attend the marriage.

 

Here I need help from experts!!

 

I have only one W2 from last year which is around 48K because my pay roll started from April 1st  (CPT period Jan 15 to May 15), last year I was in CPT(CPT period Jan 15 to May 15, 2014) and OPT (May 16th, 2014 to May 16th ,2015) only, no H1 pay roll.

 

So what is the good time for stamping?

 

Nov, 2014 or Feb, 2015?

 

Is there any problem with one W2 (which is not H1 pay roll), is there any better chances, if I wait until 2014 W2?

 

I appreciate your help J

 

Thanks,

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Is your CPT part of your F1 program?? Did you attended the classes while working in CPT??

Just curious to know, when CPT is part of F1 program, how wouldn't one attend classes?

 

And when you say part of the program, would that add credit hours to the degree or it shouldn't matter?

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Just curious to know, when CPT is part of F1 program, how wouldn't one attend classes?

 

And when you say part of the program, would that add credit hours to the degree or it shouldn't matter?

Yes that's correct. If the CPT is part of F1 then obviously that student will attend the remaining classes to maintain F1 status.

And CPT work will add credits to the degree.

 

If a person is moving from CPT to H1 then 99% sure that he is abusing CPT.

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There are 2 types of CPT --unpaid and  paid.

So if one joins as updaid CPT then how can that be abuse to any CPT. Just curious to know.

CPT is part of your F1 program, CPT is required to fulfill course requirement. Its not for full time employment, in this case OP moved from CPT to H1 means that job is not part of F1 program.

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I don't think I abused CPT, my CPT has 3 credits and it's part of my curriculum. Yes I was a full time student When I was on CPT ( I applied for reduced course work for that semester because I left with 3 credits only so I took full time CPT).

 

FYI: my school is a State University which follows is and every instruction of DHS, I am pretty sure about this.  

 

I started with CPT then OPT and now I am OPT extension and H1 is starting next month so I did not move direct to H1 from CPT. 

 

I think the word "CPT" mislead you guys, I should use "INTERN".

 

Please answer my primary question.

 

Thanks,

Pradeep.

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Yes that's correct. If the CPT is part of F1 then obviously that student will attend the remaining classes to maintain F1 status.

And CPT work will add credits to the degree.

 

If a person is moving from CPT to H1 then 99% sure that he is abusing CPT.

Is it mandatory that it should add credits to the degree?

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@Rahul: I understand that , but if a student transfers to H1b still he can continue with his course.

I student might take CPT after completing all his courses as well  at the end semester and from there he can definitely convert into H1, because OPTIONAL PRACTICAL TRANING (OPT) is not compulsory its a time span given to convert into any work visa.

 

Thanks.

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I don't think I abused CPT, my CPT has 3 credits and it's part of my curriculum. Yes I was a full time student When I was on CPT ( I applied for reduced course work for that semester because I left with 3 credits only so I took full time CPT).

 

FYI: my school is a State University which follows is and every instruction of DHS, I am pretty sure about this.  

 

I started with CPT then OPT and now I am OPT extension and H1 is starting next month so I did not move direct to H1 from CPT. 

 

I think the word "CPT" mislead you guys, I should use "INTERN".

 

Please answer my primary question.

 

Thanks,

Pradeep.

Then you are good to go.

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@Rahul: I understand that , but if a student transfers to H1b still he can continue with his course.

I student might take CPT after completing all his courses as well  at the end semester and from there he can definitely convert into H1, because OPTIONAL PRACTICAL TRANING (OPT) is not compulsory its a time span given to convert into any work visa.

 

Thanks.

What's the need of CPT when student completed all his courses??

CPT and H1 are not one and same, CPT is NOT for full time employment. So how can a student move to H1 from CPT with the same job??

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What's the need of CPT when student completed all his courses??

CPT and H1 are not one and same, CPT is NOT for full time employment. So how can a student move to H1 from CPT with the same job??

Have you done your MS from USA ? If you have done then you would know all this or else you should not argue!!!

Who is telling that CPT is for full time employemnt but you can obviusly work 40hr a day for 11 months. USCIS has made these laws and if you work for more than 12 months then you cannot apply for OPT , in that case you have to go for H1b directly.

Show me the clause which shows these are wrong????????????????

Why cant a student move from CPT to H1 if he has a sponsorer if one person from L1 or H4 can move to H1 then why cant CPT? Can you show any clause where it writing that it cant be. If some person is doing internship with xvz company and they like to appoint the person as permanent employee there is no issue.

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Have you done your MS from USA ? If you have done then you would know all this or else you should not argue!!!

Who is telling that CPT is for full time employemnt but you can obviusly work 40hr a day for 11 months. USCIS has made these laws and if you work for more than 12 months then you cannot apply for OPT , in that case you have to go for H1b directly.

Show me the clause which shows these are wrong????????????????

Why cant a student move from CPT to H1 if he has a sponsorer if one person from L1 or H4 can move to H1 then why cant CPT? Can you show any clause where it writing that it cant be. If some person is doing internship with xvz company and they like to appoint the person as permanent employee there is no issue.

Yes, I have did my master's in US and I have seen people working in CPT and then moved to H1 and then finally moved to their country when their visa was rejected.You can work 40 hrs on CPT but what course in your MS requires 40hrs a day for 11 months?? Moreover CPT is part of your F1 program that means that work has to associated to a course, you cannot simply work for any job in CPT. If a person is moving from CPT to H1 then what's the difference between CPT and H1 job??

 

In the above case OP did intership during CPT and then moved to OPT and filed his H1 which is right way to follow the rules.

In case of L1 to H1, it simply one FT to another FT but in case of CPT to H1, that's not the case.

 

Please google, why universities were raided few years ago and why ICE arrested few students and deported them.

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