Will CPT from second Masters affect my future H1-B extension ?

[Anup Amin]

Hi All,

I have a unique case.
I had my Mssters in 2013 and utilized my CPT as well as some part of my OPT.
I was on H1-B for about 2.5 years until (from 2015 - 2018). I worked as a Software Engineer.

I decided to join an MBA-IT program that requires CPT.
Now, just to be extremely clear,

This course mandates CPT from Day 1 as part of the curriculum for at least 5 hrs a week or 90 hrs per semester in a strictly IT related field, without which I won't be able to graduate.

I am hearing that a second CPT from Day 1 is not allowed unless the curriculum requires so.

I wanted to confirm if taking up this CPT will affect my cap-exempt H1B extension in the future. Or, if I'll be violating any rules by doing so.

Thanks,
 

[xTDx]

2 hours ago, Anup Amin said:

I wanted to confirm if taking up this CPT will affect my cap-exempt H1B extension in the future. Or, if I'll be violating any rules by doing so.

It depends upon the paperwork sent to USCIS in defence of the day 1 CPT requirement. If the paperwork is legit and it was really a requirement of the program, you might probably be okay. 

[JoeF]

You can't do CPT. The rule is that a person can only do one year of Practical Training per educational level. Since you used CPT and OPT already for the Masters level (I am assuming 1 year), you can't get any practical training (neither CPT nor OPT) for your second Masters. USCIS is enforcing that nowadays, and they will deny COS or extensions due to the person being out of status.

 

Edited October 11, 2018 by JoeF

[Ken7]

On ‎10‎/‎10‎/‎2018 at 12:51 PM, Anup Amin said:

Hi All,

I have a unique case.
I had my Mssters in 2013 and utilized my CPT as well as some part of my OPT.
I was on H1-B for about 2.5 years until (from 2015 - 2018). I worked as a Software Engineer.

I decided to join an MBA-IT program that requires CPT.
Now, just to be extremely clear,

This course mandates CPT from Day 1 as part of the curriculum for at least 5 hrs a week or 90 hrs per semester in a strictly IT related field, without which I won't be able to graduate.

I am hearing that a second CPT from Day 1 is not allowed unless the curriculum requires so.

I wanted to confirm if taking up this CPT will affect my cap-exempt H1B extension in the future. Or, if I'll be violating any rules by doing so.

Thanks,
 

You might get a RFE in the future, but if you're currently maintaining a valid F1 status, it should be OK.  Also, since It sounds like it's part time CPT (<20 hours/wk) it should be OK. I suggest discussing with your DSO. See below:

https://www.ice.gov/sevis/practical-training

 

 

Edited October 24, 2018 by Ken7

[JoeF]

7 hours ago, Ken7 said:

You might get a RFE in the future, but if you're currently maintaining a valid F1 status, it should be OK.  Also, since It sounds like it's part time CPT (<20 hours/wk) it should be OK. I suggest discussing with your DSO. See below:

https://www.ice.gov/sevis/practical-training

 

 

Only 1 year of Practical Training is allowed per educational level, as per 8 CFR 214.2(f)(10). That means the CPT for the second Master's is not legal, which means the OP does not maintain his F1.

Edited October 25, 2018 by JoeF

[Ken7]

12 hours ago, JoeF said:

Only 1 year of Practical Training is allowed per educational level, as per 8 CFR 214.2(f)(10). That means the CPT for the second Master's is not legal, which means the OP does not maintain his F1.

The regs are  somewhat vague. Only applicable for full-time CPT. Implementation and interpretation of the reg is per the ICE link above and also how Universities practice it, for eg. : https://iss.washington.edu/employment/f1-employment/cpt/ 

Alternatively, I believe even full time CPT under 12 months is permitted (in addition to 12 months of OPT), since the reg only says that OPT can't be availed if CPT exceeds 12 months. This is also how Universities practice implementing the reg, for eg. USC and NC State:

https://ois.usc.edu/employment/employment-f1/cpt/

https://internationalservices.ncsu.edu/faqs-curricular-practical-training/

 

 

 

 

Edited October 25, 2018 by Ken7

[JoeF]

"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."

Sound pretty clear to me. The law is what matters.

While USCIS may not have enforced this much in the past, they seem to do so now, and people who do more than 12 months of Practical Training per educational level now get RFEs and denials.

Edited October 25, 2018 by JoeF

[JoeF]

This is likely what will happen:

 

[surekha101]

To be frank, I was scared too. But did day 1 cpt and got h1b approval. 

[JoeF]

1 hour ago, surekha101 said:

To be frank, I was scared too. But did day 1 cpt and got h1b approval. 

They have started to enforce this pretty recently.

 

[subzero740]

Hi @surekha101 will you be willing to share the information about which university you did your second masters with?

[jonostocker]

It depends upon the paperwork sent to USCIS in defence of the day 1 CPT requirement. 

 

[JoeF]

2 hours ago, jonostocker said:

It depends upon the paperwork sent to USCIS in defence of the day 1 CPT requirement. 

 

If the person has used OPT the person can not get CPT for the same educational level. The law does not allow it. Paperwork doesn't matter. The law matters. Only 1 year of Practical Training (+ possibly STEM OPT) allowed per educational level. 8 CFR214.2(f)(10).