CPT eligibility

[rk2281]

Currently, I am a graduate student at an accredited university. I completed my first semester on H4 visa, traveled back home during the winter break, got a F1 visa and am going to complete my second semester. I was enrolled as a full-time student during both semesters.

I have a summer internship offer and was inquiring about CPT with our International Office. I was told by the DSO that since I went out of the country to obtain my F1 visa, my full-time enrollment clock was reset and for CPT/OPT purposes, I have only completed 1 semester instead of the requisite 2.

From what I gather from USCIS documentation, OI 214.2 (d) which states

Existing INS regulation preclude the authorization of practical training for F-1 student until they have been in F-1 status for nine months. The objective of this requirement is to safeguard the student program against potential abuses by individuals who are primarily interested in employment gains, and to ensure that new students have sufficient time to acclimate academically to the campus environment. In recognizing that many nonimmigrant students who attended school in other lawful nonimmigrant status prior to changing status to F-1 have already made the adjustment to American campus life, the Service gives special consideration to this group of students.

Thus, an alien who attended school in lawful nonimmigrant status prior to changing status to F-1 is permitted to count the time spent on campus towards the nine-month in status requirement for practical training. This special provision is intended for lawful nonimmigrants, such as J-1 students or dependents of A,E,F,G,H,J,L, and N visa categories, who were enrolled as full-time students at an INS-approved school immediately before changing status to F-1.

I do not see any mention of how the change of status has to be carried out. Could some please clarify if they have any knowledge of this. Am I really not allowed to obtain a CPT or is my DSO somehow wrong? Is there a way out?

[rahul412]

Currently, I am a graduate student at an accredited university. I completed my first semester on H4 visa, traveled back home during the winter break, got a F1 visa and am going to complete my second semester. I was enrolled as a full-time student during both semesters.

I have a summer internship offer and was inquiring about CPT with our International Office. I was told by the DSO that since I went out of the country to obtain my F1 visa, my full-time enrollment clock was reset and for CPT/OPT purposes, I have only completed 1 semester instead of the requisite 2.

Yes, they are correct. In order to get eligible for CPT, a student must be enrolled on a full time basis for one academic year. That's what my school DSO said.

[JoeF]

The university can have their own, stricter rules.

For a summer internship, pre-completion OPT is the usual way.

CPT is only for a job as part of the established curriculum.

[catx]

As JoeF posted, the correct process for a summer internship or other job in your field of study is pre-completion OPT employment authorization versus CPT. CPT is "curriculum practical training", and is intended strictly for work directly required for a course or as part of the required curriculum. Your reading of the USCIS regulations and rules is correct, your H-4 visa status can be counted toward the year enrollment as a full-time student requirement (with the caveat about the university's own rules). You need to talk to follow back up with your university DSO about pre-completion OPT. (Note: Time is quickly passing to file for pre-completion OPT employment authorization and get approval before the majority of the summer is gone.)

[chtummala]

Currently, I am a graduate student at an accredited university. I completed my first semester on H4 visa, traveled back home during the winter break, got a F1 visa and am going to complete my second semester. I was enrolled as a full-time student during both semesters.

I have a summer internship offer and was inquiring about CPT with our International Office. I was told by the DSO that since I went out of the country to obtain my F1 visa, my full-time enrollment clock was reset and for CPT/OPT purposes, I have only completed 1 semester instead of the requisite 2.

From what I gather from USCIS documentation, OI 214.2 (d) which states

Existing INS regulation preclude the authorization of practical training for F-1 student until they have been in F-1 status for nine months. The objective of this requirement is to safeguard the student program against potential abuses by individuals who are primarily interested in employment gains, and to ensure that new students have sufficient time to acclimate academically to the campus environment. In recognizing that many nonimmigrant students who attended school in other lawful nonimmigrant status prior to changing status to F-1 have already made the adjustment to American campus life, the Service gives special consideration to this group of students.

Thus, an alien who attended school in lawful nonimmigrant status prior to changing status to F-1 is permitted to count the time spent on campus towards the nine-month in status requirement for practical training. This special provision is intended for lawful nonimmigrants, such as J-1 students or dependents of A,E,F,G,H,J,L, and N visa categories, who were enrolled as full-time students at an INS-approved school immediately before changing status to F-1.

I do not see any mention of how the change of status has to be carried out. Could some please clarify if they have any knowledge of this. Am I really not allowed to obtain a CPT or is my DSO somehow wrong? Is there a way out?

check 8 cfr .. 214.2.f(10) deals with practical training ..

ask your DSO to check with SEVIP ..

by the way if it is school rule you can not do any thing ..

make sure your summer intern is part of your curricular..

[t75]

Be sure to speak with the DSO and not an assistant in the office.

[F1struggle]

Currently, I am a graduate student at an accredited university. I completed my first semester on H4 visa, traveled back home during the winter break, got a F1 visa and am going to complete my second semester. I was enrolled as a full-time student during both semesters.

I have a summer internship offer and was inquiring about CPT with our International Office. I was told by the DSO that since I went out of the country to obtain my F1 visa, my full-time enrollment clock was reset and for CPT/OPT purposes, I have only completed 1 semester instead of the requisite 2.

From what I gather from USCIS documentation, OI 214.2 (d) which states

Existing INS regulation preclude the authorization of practical training for F-1 student until they have been in F-1 status for nine months. The objective of this requirement is to safeguard the student program against potential abuses by individuals who are primarily interested in employment gains, and to ensure that new students have sufficient time to acclimate academically to the campus environment. In recognizing that many nonimmigrant students who attended school in other lawful nonimmigrant status prior to changing status to F-1 have already made the adjustment to American campus life, the Service gives special consideration to this group of students.

Thus, an alien who attended school in lawful nonimmigrant status prior to changing status to F-1 is permitted to count the time spent on campus towards the nine-month in status requirement for practical training. This special provision is intended for lawful nonimmigrants, such as J-1 students or dependents of A,E,F,G,H,J,L, and N visa categories, who were enrolled as full-time students at an INS-approved school immediately before changing status to F-1.

I do not see any mention of how the change of status has to be carried out. Could some please clarify if they have any knowledge of this. Am I really not allowed to obtain a CPT or is my DSO somehow wrong? Is there a way out?

Where did you get this from? USCIS? You could try showing it to your DSO.

My school actually allows CPT after one semester only if that CPT is in an organization affiliated to our school(we have many research organizations affiliation).. Also, for summer, my school usually allows CPT regardless of 9-months requirement but with a GPA of 3.5 and above and for graduate students only.

Hence, it totally depends on what your school has set us as "rules".

Definitely show them this above information that you have posted and ask what your options are for summer internship. PRe-completion OPT is definitely one option.