Regarding RFE on CPT


Prat

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Hello,

 

I completed my Masters in Computer Science and now I am pursuing my MBA In IT and working on CPT. I applied H1 this year and got an RFE asking to prove current legal status. I replied to the RFE and got the H1 approved but the change of status didnt happen. It mentioned saying that need to go for stamping otherwise you will be out of status. Can anyone please tell me, once it is approved you cannot be on F1 from october1st? Will I be out of status ?

 

Thanks in advance.

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Hello,

 

I completed my Masters in Computer Science and now I am pursuing my MBA In IT and working on CPT. I applied H1 this year and got an RFE asking to prove current legal status. I replied to the RFE and got the H1 approved but the change of status didnt happen. It mentioned saying that need to go for stamping otherwise you will be out of status. Can anyone please tell me, once it is approved you cannot be on F1 from october1st? Will I be out of status ?

 

Thanks in advance.

Looks like USCIS is now tightening  the noose. Now I understand why COS was rejected.

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Hello,

 

I completed my Masters in Computer Science and now I am pursuing my MBA In IT and working on CPT. I applied H1 this year and got an RFE asking to prove current legal status. I replied to the RFE and got the H1 approved but the change of status didnt happen. It mentioned saying that need to go for stamping otherwise you will be out of status. Can anyone please tell me, once it is approved you cannot be on F1 from october1st? Will I be out of status ?

 

Thanks in advance.

You are out of status because you apparently are abusing CPT.

An F1 is for studying, not for working in some arbitrary job.

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  • 4 weeks later...

Hello,

 

I completed my Masters in Computer Science and now I am pursuing my MBA In IT and working on CPT. I applied H1 this year and got an RFE asking to prove current legal status. I replied to the RFE and got the H1 approved but the change of status didnt happen. It mentioned saying that need to go for stamping otherwise you will be out of status. Can anyone please tell me, once it is approved you cannot be on F1 from october1st? Will I be out of status ?

 

Thanks in advance.

Hi Prat,

Have a question man, How come you are out of status and why you need to go for stamping? what are the reason? please tell us your case.. 

So looks like you may be out of status because you might forgot to attend the class and school terminate your sevis? or because you get a CPT from the day one? please let me know. thanks

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This looks like the OP is attending one of these shady, fake universities and is abusing CPT.

 

@JoeF

 

@ Rahul

 

Thats true. i got it now. 

Now I have a question. I posted here about my h1 and it got denied as you said. Because of my lawyer he filed it under masters quota since its not eligible for it. As Stratford uni is for profit school. So now I've applied for second masters in some good public school-non profit and i got acceptance for two school. But the problem is they are not gonna issue the CPT i20 until completion of  1st or 2nd semester with them. My question is If i enrolled again for Masters program/or any other course in my previous school(Stratford) and they are ready to issue CPT from the day 1. do you think if it is a good idea if i get CPT from the day one from my previous school were i got my first Masters from? the reason i wanna do this because I would like to continue with my current job. It's basically a FTE and this is the only reason i don't want to resign this very good opportunity. let me know your thoughts. 

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My question is If i enrolled again for Masters program/or any other course in my previous school(Stratford) and they are ready to issue CPT from the day 1. do you think if it is a good idea if i get CPT from the day one from my previous school were i got my first Masters from? the reason i wanna do this because I would like to continue with my current job. It's basically a FTE and this is the only reason i don't want to resign this very good opportunity. let me know your thoughts. 

Your initial H1 was rejected bcos of your school and now again you want to go back to that school and that to for CPT??

 

You are already in deep deep trouble and if lucky might get H1 in near future, but if you work in CPT then you have forget US forever.

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@JoeF

 

@ Rahul

 

Thats true. i got it now. 

Now I have a question. I posted here about my h1 and it got denied as you said. Because of my lawyer he filed it under masters quota since its not eligible for it. As Stratford uni is for profit school. So now I've applied for second masters in some good public school-non profit and i got acceptance for two school. But the problem is they are not gonna issue the CPT i20 until completion of  1st or 2nd semester with them.

Why do you want CPT???

Concentrate on your studies.

An F1 is for studying, NOT for working.

Stop trying to abuse CPT!!!

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@JoeF

 

@ Rahul

 

Thats true. i got it now. 

Now I have a question. I posted here about my h1 and it got denied as you said. Because of my lawyer he filed it under masters quota since its not eligible for it. As Stratford uni is for profit school. So now I've applied for second masters in some good public school-non profit and i got acceptance for two school. But the problem is they are not gonna issue the CPT i20 until completion of  1st or 2nd semester with them. My question is If i enrolled again for Masters program/or any other course in my previous school(Stratford) and they are ready to issue CPT from the day 1. do you think if it is a good idea if i get CPT from the day one from my previous school were i got my first Masters from? the reason i wanna do this because I would like to continue with my current job. It's basically a FTE and this is the only reason i don't want to resign this very good opportunity. let me know your thoughts. 

if you have FT job then ask that employer to file for H1. CPT is not for a FT employment that's for students.

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if you have FT job then ask that employer to file for H1. CPT is not for a FT employment that's for students.

My current employer is gonna file my H1 in April 2014. The reason i want to get register for classes in my previous school and get CPT from day one because i heard that student is eligible for CPT if they enrolled for the courses for another program in the same university. 

My job is related to my field so i think it should not be a problem if i get a CPT and work until 2014 oct 1st. once i get my h1b and if i get in trouble with change of status then i can go canada for the stamping on h1. 

 

If its not good idea to take a CPT then what other option that i have? 

I want to get continue with my current job. is it possible or not, if not then what problems i can face when u apply for the H1? thanks

 

Why do you want CPT???

Concentrate on your studies.

An F1 is for studying, NOT for working.

Stop trying to abuse CPT!!!

I am not trying to abuse CPT. i won't. I thought its legal to take Full time CPT when you take CPT from the same school were you graduate from. That is the reason i asked. and I am sure it is legal. 

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My current employer is gonna file my H1 in April 2014. The reason i want to get register for classes in my previous school and get CPT from day one because i heard that student is eligible for CPT if they enrolled for the courses for another program in the same university. 

My job is related to my field so i think it should not be a problem if i get a CPT and work until 2014 oct 1st. once i get my h1b and if i get in trouble with change of status then i can go canada for the stamping on h1. 

 

If its not good idea to take a CPT then what other option that i have? 

I want to get continue with my current job. is it possible or not, if not then what problems i can face when u apply for the H1? thanks

 

I am not trying to abuse CPT. i won't. I thought its legal to take Full time CPT when you take CPT from the same school were you graduate from. That is the reason i asked. and I am sure it is legal. 

 

CPT from day one is abuse. Plain and simple. It is NOT legal.

If you do that, your career in the US will be over.

Forget CPT. Cut that acronym out of your vocabulary. CPT is dead. TVU killed it, and ******* and **** made sure it stays dead.

Have you not heard what happened to people at TVU?

 

Oh, and wanting to stay in the US is even against the F1 rules.

If you want to work, you need a work visa like the H1. If you didn't get an H1, you have to leave the country. An employer can still file an H1 for you next year, even if you are abroad.

 

So, again: Forget CPT. No real university gives out CPT from day one. Only frauds do that.

Stay away from any such frauds if you want to have a future in the US!

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The reason i want to get register for classes in my previous school and get CPT from day one because i heard that student is eligible for CPT if they enrolled for the courses for another program in the same university. 

My job is related to my field so i think it should not be a problem if i get a CPT and work until 2014 oct 1st. once i get my h1b and if i get in trouble with change of status then i can go canada for the stamping on h1.

No, that's not true.What you have heard is not true. And if you still wanna go for CPT, then take a look at this one

http://forum.murthy.com/index.php?/topic/62364-h1-approved-change-of-status-denied/

 

I am sure you won't think about CPT after reading that post.

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No, that's not true.What you have heard is not true. And if you still wanna go for CPT, then take a look at this one

http://forum.murthy.com/index.php?/topic/62364-h1-approved-change-of-status-denied/

 

I am sure you won't think about CPT after reading that post.

Thank you Rahul and i understand what are you saying. Now i don't want to even take CPT, but the biggest problem is how my employer is gonna file my h1b without a CPT or JOB? If i have a job then he can file my h1 in april 2014. if not then how they gonna file without work authorization or job? ANY IDEA and that was the reason i was interesting in taking CPT so he could file my h1 otherwise i will have to wait another year or may be until i get MS degree. 

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Thank you Rahul and i understand what are you saying. Now i don't want to even take CPT, but the biggest problem is how my employer is gonna file my h1b without a CPT or JOB? If i have a job then he can file my h1 in april 2014. if not then how they gonna file without work authorization or job? ANY IDEA and that was the reason i was interesting in taking CPT so he could file my h1 otherwise i will have to wait another year or may be until i get MS degree. 

You have to contact attorney for options. Remember, immigration rules doesn't favor everyone at all the times.

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Thank you Rahul and i understand what are you saying. Now i don't want to even take CPT, but the biggest problem is how my employer is gonna file my h1b without a CPT or JOB? If i have a job then he can file my h1 in april 2014. if not then how they gonna file without work authorization or job? ANY IDEA and that was the reason i was interesting in taking CPT so he could file my h1 otherwise i will have to wait another year or may be until i get MS degree. 

The employer can file an H1 petition for you next April, even if you don't work there.

He would just have to wait for you to start working on Oct. 1.

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The employer can file an H1 petition for you next April, even if you don't work there.

He would just have to wait for you to start working on Oct. 1.

JoeF.. appreciate for the option. I thought about this but i think there is no option if i get the RFE for the client letter? 

 

My employer will gonna saw in the application that they have project which is start from oct but i dont know how its gonna work out in case if i get the RFE?

 

 

 

 

You have to contact attorney for options. Remember, immigration rules doesn't favor everyone at all the times.

Yes i'm going to check with murthy firm soon. 

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That means he is lying. It's better to find real job.

Rahul. I already have a Real Job.. but the problem is work authorization. As JoeF mention that i am able to apply H1b in April 2014. how come? If i don't have a job or without any work authorization how is it possible? 

 

The employer can file an H1 petition for you next April, even if you don't work there.

He would just have to wait for you to start working on Oct. 1.

 

If i don't get a CPT then i am not gonna have a job when my employer file my h1b in April 2014. so how its gonna approve without a job or a client letter? do you mean it can approve from the employer company that they have? 

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Rahul. I already have a Real Job.. but the problem is work authorization. As JoeF mention that i am able to apply H1b in April 2014. how come? If i don't have a job or without any work authorization how is it possible? 

 

 

If i don't get a CPT then i am not gonna have a job when my employer file my h1b in April 2014. so how its gonna approve without a job or a client letter? do you mean it can approve from the employer company that they have? 

 

Think outside the box... There are real employers who are not consultants...

Also, if you are in your home country, you could possibly work remotely. Some companies (e.g., MS, Google) have offices outside the US.

If an employer really wants you, these are some of the ways.

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Rahul. I already have a Real Job.. but the problem is work authorization. As JoeF mention that i am able to apply H1b in April 2014. how come? If i don't have a job or without any work authorization how is it possible?

 

 Let me tell you the hard fact, after your OPT exp your employer has to wait till Oct 1st to start working for them. I know this is not possible but this is the only option I see hear. And remember this time your attorney has to file under regular quota.

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The employer can file an H1 petition for you next April, even if you don't work there.

He would just have to wait for you to start working on Oct. 1.

Can you explain me on what bases my employer can apply H1b in April 2014? just clear it and i know i am thinking outside the box just want to know what you thinking about this? I have never seen any employer or no one in the USA who can apply for the H1b without work authorization in a USA or a job offer. That means in my case, I am not gonna have any work authorization during the April 2014. You have mention above that employer can file my h1b. how come? 

 

I spoke to couple school and 3 different lawyer. As of now i found one good public and non profit school which can issue me a CPT i-20 when i enrolled for the classes.

 

the reason they are gonna issue CPT i20 because their school DSO told me if my SEVIS record is with previous school for 1 year or more then they can issue the CPT i-20 and this is as per the law. She said only thing she need is employer letter and job offer letter as well as contract. There is always an option since this country is for the LAW and very well ogrganized especially LAW. 

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Can you explain me on what bases my employer can apply H1b in April 2014? just clear it and i know i am thinking outside the box just want to know what you thinking about this? I have never seen any employer or no one in the USA who can apply for the H1b without work authorization in a USA or a job offer. That means in my case, I am not gonna have any work authorization during the April 2014. You have mention above that employer can file my h1b. how come? 

 

I spoke to couple school and 3 different lawyer. As of now i found one good public and non profit school which can issue me a CPT i-20 when i enrolled for the classes.

 

the reason they are gonna issue CPT i20 because their school DSO told me if my SEVIS record is with previous school for 1 year or more then they can issue the CPT i-20 and this is as per the law. She said only thing she need is employer letter and job offer letter as well as contract. There is always an option since this country is for the LAW and very well ogrganized especially LAW. 

An employer offers you a job starting Oct. 1, 2014, and the employer would file an H1 for that job in April 2014. That is done all the time.

You seem to have some wrong impressions about the H1.

A person doesn't have to be working for the employer at the time the H1 application is filed. The person starts working for the employer in Oct. 2014. This is standard stuff for the H1. Done tens of thousands of times.

 

What that DSO told you is completely wrong. There is no such law.

The DSO mixed up a couple of things. Unfortunately, a lot of DSOs are rather clueless about the law... they are not lawyers, and get things wrong.

CPT is ONLY for work as integral part of the curriculum. It can not be used to work in some arbitrary job. It has to be part of the curriculum. Doing anything else is abuse of the CPT, and it WILL come back to bite you.

 

Discuss your situation with a GOOD immigration lawyer.

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Can you explain me on what bases my employer can apply H1b in April 2014? just clear it and i know i am thinking outside the box just want to know what you thinking about this? I have never seen any employer or no one in the USA who can apply for the H1b without work authorization in a USA or a job offer. That means in my case, I am not gonna have any work authorization during the April 2014. You have mention above that employer can file my h1b. how come?

Nope that's not true. An employer when he files for H1, he knows that you will be working from Oct  1st. But in most of the cases, employee will be working with that employer in OPT or L1 or working at off shore etc. But in your case, you have no option other than waiting for Oct 1st.

 

 

 

the reason they are gonna issue CPT i20 because their school DSO told me if my SEVIS record is with previous school for 1 year or more then they can issue the CPT i-20 and this is as per the law. She said only thing she need is employer letter and job offer letter as well as contract. There is always an option since this country is for the LAW and very well ogrganized especially LAW. 

Again, I have already explained you what is CPT and how to use it. This school is not following CPT rules and CPT from day one is completely against the rules.

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An employer offers you a job starting Oct. 1, 2014, and the employer would file an H1 for that job in April 2014. That is done all the time.

You seem to have some wrong impressions about the H1.

A person doesn't have to be working for the employer at the time the H1 application is filed. The person starts working for the employer in Oct. 2014. This is standard stuff for the H1. Done tens of thousands of times.

 

What that DSO told you is completely wrong. There is no such law.

The DSO mixed up a couple of things. Unfortunately, a lot of DSOs are rather clueless about the law... they are not lawyers, and get things wrong.

CPT is ONLY for work as integral part of the curriculum. It can not be used to work in some arbitrary job. It has to be part of the curriculum. Doing anything else is abuse of the CPT, and it WILL come back to bite you.

 

Discuss your situation with a GOOD immigration lawyer.

Thanks JoeF for clearing the confusion. Then i am good to go. my employer has a in house project the time.. Then i dont need cot. i think i will take cpt once my h1 get approved. probably i will take cpt in May 2014 so i can work untill oct1st then start my h1b. 

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