H1B CPT RFE

[katpally]

Hi, my application got picked up in this years Lottery and USCIS asked few questions. out of it, this is the difficult one to answer. can anyone help me on this ?

as per USCIS, only 12 months of practical training is allowed, you have used maximum time of practical training with your old school and now with your current school. 

can anyone help me on how to answer this question ?

[satya2k1]

Usually, when a student use CPT for more than 11 months, then the student is not eligible for OPT.  I don't think there is any bearing of CPT on the H1B application.  You might be missing some information in the post.

[Bav104]

Hey did ur rfe cleared

[JoeF]

On 6/19/2018 at 2:59 PM, satya2k1 said:

Usually, when a student use CPT for more than 11 months, then the student is not eligible for OPT.  I don't think there is any bearing of CPT on the H1B application.  You might be missing some information in the post.

The rule says 1 year of Practical Training per educational level. Not 11 months CPT+1 year OPT. In the past, USCIS used to approve 1 year of OPT if the 12 months hadn't been used yet. They don't do that anymore, and are going by the letter of the rule now.

If the OP did more than 12 months of Practical Training he was out of status, which of course has an effect on the ability to get an H1.

[satya2k1]

On 11/30/2018 at 3:38 PM, JoeF said:

The rule says 1 year of Practical Training per educational level. Not 11 months CPT+1 year OPT. In the past, USCIS used to approve 1 year of OPT if the 12 months hadn't been used yet. They don't do that anymore, and are going by the letter of the rule now.

If the OP did more than 12 months of Practical Training he was out of status, which of course has an effect on the ability to get an H1.

Hi Joe,

Is there a published document that USCIS does not approve OPT if a candidate was on CPT for more than 12 months?  I am just curious.