H4 to F1 OPT/CPT eligibility

[AjMeg]

Hello I am currently a student of Masters of Computer Science on H4. I was thinking weather I should switch to F1 based on the news around H4 EAD being canceled post December 2018. I wanted to know if there is certain amount of time you need to spend on F1 to be eligible for OPT/CPT? I have read that you have to be a fultime student for 1 year to be eligible for CPT, can that 1 year be on H4 or it has to be F1? Also is there any such restrictions for OPT?

[JoeF]

First off, avoid CPT. That's a big red flag nowadays. Cut that acronym out of your vocabulary.

Second, nobody knows how long the H4 EAD will be around.

Third, the rule for OPT is that you have to be enrolled in good standing for at least the last academic year. That doesn't have to be all in F1 status, but each college may have additional rules. Check with the Registrar at your college. And again, forget about CPT (unless you want to kill your future career in the US...)

 

[AjMeg]

Why do you say CPT is like killing your career? Is there a reason why students shouldn’t take CPT?

[JoeF]

CPT has been abused a lot. Look up TVU, which issued CPT for work at 7-11, as security guards, etc. (TVU was raided by ICE in 2011, and the owner is currently serving a 16-year prison sentence.) Similarly with a bunch of other fraud institutions.

Also, people who did CPT get RFEs a lot nowadays.

Legitimate CPT is very rare.

 

[JoeF]

Since the TVU raid, while it was very high profile at that time, and even got the Indian government involved, apparently isn't well known to a new generation of students, here is a reminder: https://en.m.wikipedia.org/wiki/Tri-Valley_University

Disclosure: I was involved a bit in exposing the TVU fraud here and in another forum. So much so that the ICE agents who raided TVU in Jan. 2011 reportedly asked the "students" who were present if they know this "JoeF" guy... They obviously had read my posts.

[Vinpra2018]

On 10/8/2018 at 11:29 PM, JoeF said:

First off, avoid CPT. That's a big red flag nowadays. Cut that acronym out of your vocabulary.

Second, nobody knows how long the H4 EAD will be around.

Third, the rule for OPT is that you have to be enrolled in good standing for at least the last academic year. That doesn't have to be all in F1 status, but each college may have additional rules. Check with the Registrar at your college. And again, forget about CPT (unless you want to kill your future career in the US...)

 

Thanks for answer

My university is saying i have to be on F1 visa at least for 2 sems in order to gain OPT.. is that a regulation from USCIS? 
when i checked the website it does not say that 

 

[JoeF]

15 hours ago, Vinpra2018 said:

Thanks for answer

My university is saying i have to be on F1 visa at least for 2 sems in order to gain OPT.. is that a regulation from USCIS? 
when i checked the website it does not say that 

 

8 CFR 214.2(f)(10) says:

"(10) Practical training. Practical training may be authorized to an F-1 student who has been lawfully enrolled on a full time basis, in a Service-approved college, university, conservatory, or seminary for one full academic year."

Of course, a university can have stricter rules, like being on F1 for the whole academic year.