RFE to show Full time enrollment at university

[applet]

Hi all,

Here is a problem one of my friends is facing. He had his MS in US but his program has an OPT of only 1 year. Graduated in Jan 2011 but was unable to find a sponsor for H1B until July. But, by then the CAP was full and he had to continuing working on OPT until Jan 2012 before joining another MS (F1 again). He stays at a different place and commutes to his school. He was enrolled in 2 courses and scored a good GPA which made him eligible for CPT. His employer applied H1 this year, but received a query to provide "Evidence of Beneficiary's residence around the university".

He was never there. He used to commute. Neither his employer nor he are able to figure out what should be done.

Actually there a bunch of other questions, which I think they were able to answer, but this was their main concern. Did any of you come across something like this? Please provide suggestion if anyone are familiar with this situation.

Thank you

[rahul412]

He was enrolled in 2 courses and scored a good GPA which made him eligible for CPT. His employer applied H1 this year, but received a query to provide "Evidence of Beneficiary's residence around the university".

Many schools req a One yr full time F1 status for a student to get eligible for CPT. That means usually those students stay nearby the school or commute if possible.

You said, you friend commutes. So just explain them the TRUTH.

[pontevecchio]

Since you are not providing the name of the Institution it is difficult to opine. CPT has become a 4 letter word in the eyes of the USCIS.

[applet]

Thank you for the response. He had his first Masters from a reputed school but now he is going to GBU. He was given CPT after getting eligible GPA in the first semester.

Rahul, How do we explain the situation? He needs to notarize the fact or something?

Thank you both. Appreciate your help.

[rahul412]

Tell your friend to contact some immigration attorney.

Before that, is he currently working under CPT?

If so, is that work related to his F1 program??

And, did he completed his degree??If not, then why did he applied for H1 job before graduating??

[JoeF]

Thank you for the response. He had his first Masters from a reputed school but now he is going to GBU. He was given CPT after getting eligible GPA in the first semester.

That's an illegal use of CPT.

CPT is ONLY for work as integral part of the curriculum.

This kind of CPT abuse is why nobody in his or her right mind uses CPT anymore, except in very limited circumstances from a real university (and certainly not based on some GPA number.)

Your friend can probably forget his career in the US.

[t75]

He was not enrolled full time if he only took 2 classes.