CPT to H1

[ahkey]

Hi,

I was on CPT from Jan 15th, 2018 till I received my H1b approval (Feb 12th, 2019). So, I have some questions on this:

1. Can I go for stamping in India without any issues because USCIS released a memo that anyone who accrued more than 180 days of illegal presence will be barred from US for 3 years. I have been hearing that being on CPT for more than 12 months is not permitted and I was on CPT for 13.5 months. So, can you please confirm if me being on CPT for more than 12 months would have made me accrue unlawful presence?
2. Do you recommend going for stamping in this situation? If yes, do you recommend India or Canada for visa stamping?

 

 

[02112018]

Not an attorney but telling you what i know : CPT is basically not good for future in u.s, on top of it you over used it. You are suppose to use CPT 11 months in 1year not more than that. It may not be considered as illegal presence but illegally you worked, if i am not wrong.

Rules are rules if you go to India, Mexico, Canada. You might have a long wait due to more than 11months CPT usage to go through the admin processing and it may result to denial. Now a days NO guarantee for clean profiles. So imagine yourself for using 13.5months CPT.

[JoeF]

Did you have OPT before?

You can only have 12 months of Practical Training (excluding STEM OPT) per academic level. If you had OPT for the same academic level all of tour CPT would have been illegal.

[gopalakrishnach]

I never heard about people using CPT for 13.5 months and I feel it is not good. I think there is certain time limit you can be on CPT which is less than OPT and STEM OPT but I am sure not 13.5 months. I cannot say whether it is legal or illegal to use for 13.5 months but I am sure this may comeup in your visa interview and they might be shocked and want to do background check. I donot think your case has anything to do whether stamping is in India or outside but you carry a lot of risk. Now a days even cleaner profiles are getting lot of background checks.

Be careful and take advice of experts and attorneys...

[pontevecchio]

Discuss specifics with a lawyer .