Confused about this UNLAWFUL PRESENCE

[Santhosh1278]

Hi Everyone,

First of all thank you very much for reading my query.

Here is my situation , I am doing my 2nd masters in computer science and i took day 1 CPT which gives me opportunity to work and study. From couple of weeks i am hearing a lot of buzz around Unlawful presence. Can someone clarify me if i didn't leave the country by Feb 4th (as i am taking day 1 cpt in 2nd masters) will it be considered as Unlawful presence and will i be debar for 3 years as 180 days will be completed by 4th.

Thanks once again.

[xTDx]

It all depends on :

1- If USCIS considers the purpose of CPT issued by the Day 1 CPT Universities as unauthorized, then F1 students will start accruing unlawful presence.

2- You are allowed a max of 12 months of practical training on the same level (beside OPT STEM extension) . Did you work on Day 1 CPT and any other older CPT for more than 12 months ?

3- Finally, Day 1 CPT colleges are mostly seen as not legit. Unless 2nd Masters CS program required for you to have a CPT from Day 1, you are violating F1 status. I really doubt a CS program requires you to have a Day 1 CPT. It would be even more difficult to convince USCIS for future immigration benefits. So looks like trouble for you. 

There are multiple factors here. My suggestion to you would be to don't get confused and start consulting competent lawyers for in depth review of your case and appropriate guidance.