OPT declined - Twice RFE on CPT

[Anandkumar]

Hi,

 

I applied for OPT on June 15 with Aug 10 as my start date and Aug 1^st being my expected graduation date. I worked for 11 months on CPT as of August 1^st. Later my graduation date was extended to Sept 10 because of my Final Thesis. Since there was no update on my OPT status as of Aug 1^st  and since my graduation date postponed, our School DSO advised that I can still work on CPT for the month of August which will be treated as a Pre-OPT once my OPT gets approved. But now I got my OPT declined with an RFE stating that I worked for more than 12 months on my CPT.

 

Did anyone face this kind of situation? Did my DSO misguide me?

 

Please suggest

 

Thanks

[JoeF]

You worked a year on CPT. That makes you ineligible to get OPT. It is that simple.

[satya2k1]

If you work (part time or full time) on CPT for 12 months, yu are not eligible for OPT.  I don't think there is such a thing "pre-opt" status.  if you have worked till Sept 1st, then you have maxxed CPT period, 12 months...

[rahul412]

But now I got my OPT declined with an RFE stating that I worked for more than 12 months on my CPT.

 

That's correct. You are not eligible for OPT since you worked for more than 12 months in CPT. Just check with your school DSO.

[Anandkumar]

Hi all,

 

Thanks for your response!

 

I'm actually aware of the CPT 12 months rule which will have effect on the OPT. Here is what exactly happened.. My DSO updated my Sevis with extended graduation date after I submitted my OPT application and my graduation extension was Approved on Sevis. Then I was told by my DSO that since I already made an application for OPT, once my OPT gets approved she would count the days I worked during the extended graduation period towards the OPT.

 

Now USCIS wants me to submit letters from my employers for the duration I worked with them. But the employer letter also has the August month I worked for them which reflect that I worked for 12 months on CPT. 

 

Thanks

[rahul412]

Then I was told by my DSO that since I already made an application for OPT, once my OPT gets approved she would count the days I worked during the extended graduation period towards the OPT.

How can they do it when your OPT was not approved and your start date is after the graduation??

[JoeF]

Then I was told by my DSO that since I already made an application for OPT, once my OPT gets approved she would count the days I worked during the extended graduation period towards the OPT.

 

Which obviously is not possible, since the time was counted as CPT, and because of that, the OPT could not get approved at all.

A little bit of logic helps to see the issue.

Neither the DSO nor you seem to have this thought through.

[JoeF]

Now USCIS wants me to submit letters from my employers for the duration I worked with them. But the employer letter also has the August month I worked for them which reflect that I worked for 12 months on CPT. 

That's because you DID work on CPT. You never got OPT, so this work was in CPT. And that's why you won't get OPT.

[satya2k1]

I think, your DSO messed up your OPT.  If at all you get a OPT card, you will have validity dates on them.  I don't think, DSO can adjust your working days as he wants!!! your CPT validity is marked on I20, and your OPT validity is marked on your OPT-EAD card.  That shows your actual work dates!!