Company training outside the US during CPT

[abhi.cpt]

Hello,

 

I have an offer from one of the major semiconductor companies and they wanted me to attend a training in Taiwan for 3 months.

 

Can I travel outside the US for training in CPT? Is it safe or will that jeopardize my F1 visa status while returning to the US from Taiwan?

 

Thanks,

Abhi

[JoeF]

Why are you using CPT?

Care to tell us which university this is?

You have to attend classes in person during CPT. Not quite possible if you are abroad...

[t75]

CPT or OPT?  If you are using CPT, why are you not attending classes?

[abhi.cpt]

Thank you so much for your replies.

 

@t75: I have final project(3 credits) to complete graduation, which I will be doing by December and apply pre-completion OPT in September end or October first week.

 

I will be on CPT  till December and work from December end on OPT.

 

@JoeF: Its one of the Public research state universities and also belongs to Public Ivy league.

 

Please let me know. It will help me to take a decision if I can travel to other country for training and comeback before CPT ends.

[JoeF]

Thank you so much for your replies.

 

@t75: I have final project(3 credits) to complete graduation, which I will be doing by December and apply pre-completion OPT in September end or October first week.

 

I will be on CPT  till December and work from December end on OPT.

 

@JoeF: Its one of the Public research state universities and also belongs to Public Ivy league.

 

Please let me know. It will help me to take a decision if I can travel to other country for training and comeback before CPT ends.

On CPT, you have to continue to attend classes. CPT is NOT and has NEVER been for some arbitrary work. It is ONLY for work as integral part of the curriculum.

What you do seems to be abuse of CPT.

[abhi.cpt]

I mean to ask. If I travel on company's training (CPT) and enter the US during October end or November first week. Will I have any issue in Port of Entry as I will be graduating in December?

 

Also, will it effect if I change employers (not any consultancies / small scale industries) during CPT?

 

Thank you so much guys for your patience.

[chakrakr]

First ,  you probably don't even need a CPT.  If you are planning to work in Taiwan,  you should have work authorization for Taiwan. 

 

Second,  though under most circumstances it is true that you need to attend classes during CPT,  you are NOT required to attend classes if you are in last semester and the CPT project is the only thing remaining.  This is par info on websites of major State Universities (including some as reputed as *************)  .

 

Third,  CPT of course need to be part of curriculum.  In your case , this is where I am seeing a little shade -- you said that the company which made you offer want you to attend training.  Is it part of your curriculum ?

 

Fourth,   when you will be travelling to US,  you wil be travelling on your F1 visa and continue to be in F1 status

[JoeF]

I mean to ask. If I travel on company's training (CPT) and enter the US during October end or November first week. Will I have any issue in Port of Entry as I will be graduating in December?

 

Also, will it effect if I change employers (not any consultancies / small scale industries) during CPT?

 

Thank you so much guys for your patience.

During CPT, you need to attend classes at your university. That means you can NOT be abroad. You'd have to be in normal commuting distance to the university.

[abhi.cpt]

First ,  you probably don't even need a CPT.  If you are planning to work in Taiwan,  you should have work authorization for Taiwan. 

 

The company takes care of all the business visa requirement to attend training in HQ, Taiwan. But, I work for US branch and the payroll will be generated here. 

 

Second,  though under most circumstances it is true that you need to attend classes during CPT,  you are NOT required to attend classes if you are in last semester and the CPT project is the only thing remaining.  This is par info on websites of major State Universities (including some as reputed as *************)  .

 

 

Third,  CPT of course need to be part of curriculum.  In your case , this is where I am seeing a little shade -- you said that the company which made you offer want you to attend training.  Is it part of your curriculum ?

 

Yes, the job I have been offered is completely related to my core courses and so is the training.

 

Fourth,   when you will be travelling to US,  you wil be travelling on your F1 visa and continue to be in F1 status

 

I will be travelling on F1- CPT to Taiwan and be back to the US around Oct end or Nov 1st week this year. I planned to graduate in Dec, 2013. My main concern is will I have any issues in Port of Entry, since I am travelling in CPT and will be graduating in a month.

Thank you so much for your reply.

[abhi.cpt]

During CPT, you need to attend classes at your university. That means you can NOT be abroad. You'd have to be in normal commuting distance to the university.

Thanks JoeF for your reply. Does this apply even if I have only a project/ independent study to complete my graduation?

If yes, it looks like I have to drop the offer.

If No, will I have any issues in Port of Entry?

 

I asked the international office about my travel. They said as long as your I20 (expires in May,2014) and passport doesnt expire it wont be a problem and also meet the other country requirements too. But they didnt answer exactly on the Port of Entry issues. Since its a long weekend its getting difficult to catch hold of the advisors and I have to confirm on the offer ASAP.

[t75]

Speak with your DSO.  Since you are also supposed to be working on your project, your advisor and department chairman need to be involved.

 

Do NOT use this position to delay your graduation.  Finishing is far more important than this CPT opportunity (actually, I would think it would be pre-completion OPT rather than CPT)..

[JoeF]

Thanks JoeF for your reply. Does this apply even if I have only a project/ independent study to complete my graduation?

Then even the CPT may be illegal.

CPT is only for work as integral part of the curriculum. It is NOT and has NEVER been for some arbitrary work.

And unlike what some people seem to think, you have to attend classes IN PERSON while doing CPT. That's part of the F1 requirements.

"Independent study", which is basically the "classes" you attend while working on your PhD research, still has to be done while physically at the university. The F1 requires that.

For your work outside of college, you should have gotten pre-completion OPT. That's what a competent DSO would have told you (unfortunately, in lots of universities, even in public universities, the DSO is not overly knowledgeable; I have experienced that myself; you may want to discuss your situation with a GOOD immigration lawyer.)

[JoeF]

Speak with your DSO.  Since you are also supposed to be working on your project, your advisor and department chairman need to be involved.

 

Do NOT use this position to delay your graduation.  Finishing is far more important than this CPT opportunity (actually, I would think it would be pre-completion OPT rather than CPT)..

Yes, it should be pre-completion OPT. The DSO doesn't seem to be overly competent...

[abhi.cpt]

Thank you so much guys for your time. It really helps.

[chakrakr]

In stead of relying on information on a forum , search the CPT rules in different reputed public university.    I did that once when some people claimed in this forum that during CPT one always need to maintain full course load  (http://forum.murthy.com/index.php?/topic/46804-f1-visa-rejected-because-of-internship/page-2)  .   Better still ,  post the question in one of the free Chat/Conference calls by reputed immigration Attorney (Murthy firm has a weekly chat session).

 

Further,  I am not sure why people are still hung up with CPT ?  If you are out of US, you DO NOT need a US work authorization -- be it CPT , OPT, H1 ... anything.   It does not matter where your payroll is generated , it matters where you are working. 

[chakrakr]

Also , when people say you need to attend classes , I do not understand -- if you have just 3 credits to complete and all these credits are project based,  what class are you going to attend ??? 

[JoeF]

Also , when people say you need to attend classes , I do not understand -- if you have just 3 credits to complete and all these credits are project based,  what class are you going to attend ??? 

On fulltime F1, a person needs to sign up for more than 3 credits.

I suggest you actually educate yourself about the F1 rules.

And even with CPT, a person has OF COURSE continue to fulfill the F1 requirements. And that means actually attending classes IN PERSON on campus. See the F1 LAW!

[t75]

OP should be working for or meeting regularly with his advisor.  If he has any type of assistantship, this CPT/OPT is a real issue.

[abhi.cpt]

I agree with all the three.

I read the rules and my understanding is F1 law says that they have to be in person during their "final semester" but not required during the regular CPT (Summer intern). The university asks you to register for 1 credit (industrial internship or something), depends on the university to maintain your F1 status during the regular CPT.

 

If its your final semester and you are in CPT, with just a project. I am not sure if you get a relaxation. The student should meet the advisor once in a while about the project/thesis and can work in CPT or in Pre-completion OPT. 

 

Thanks chakrakr for posting the link. The information you posted with different reputed universities also says if a student is in the final semester with a project/thesis, can still work in full time CPT. Is that valid?

I know many people from good universities(Tier 1, Public ivy league) doing the same. I dont understand why the DSO approved them if its a violation. I'm totally perplexed with these regulations.

 

Instead of breaking my head understanding the CPT regulations, I am thinking to complete project ASAP, apply for summer graduation (Mid of August) and post completion OPT in couple of days? I might lose the opportunity as post completion OPT might take upto 2-3 months and its very hard to get an internship/job in my field.

Can I expedite the process?  Any suggestions if Texas or Phoenix service center processing is fast?

[abhi.cpt]

t75: I dont have any assistanship with the professors.

 

Thank you all for your time and making me better understand about the rules. Its priceless.

[t75]

OP, The best thing for you to do is meet personally with the most senior official in the international student office. Be sure to get all agreements with your prof in writing and signed by the department chair and graduate advisor and graduate dean. Keep these documents safe as there is often a misunderstanding later on when the semester is nearly over.  Be sure everyone who might be able to stop your graduation is in the loop.

[chakrakr]

On fulltime F1, a person needs to sign up for more than 3 credits.

I suggest you actually educate yourself about the F1 rules.

And even with CPT, a person has OF COURSE continue to fulfill the F1 requirements. And that means actually attending classes IN PERSON on campus. See the F1 LAW!

I suggest you take your fight with the public  Universities  which lists in their website that during final semester one need not have full course  load.  The links  are in my other post cited in this thread. 

I am not here to teach you the rules .    BTW,  OP is GOING OUT OF US for training.  He DOES NOT Need ANY US status during that period.  Hope you do not have any disagreement to that !

[chakrakr]

On fulltime F1, a person needs to sign up for more than 3 credits.

 

I thought I will be generous and help you learn the law.

 

Check ---

214.2(f)(6)(iii)©

Completion of course of study   . The DSO may authorize a reduced course load in the student's final term, semester, or session if fewer courses are needed to complete the course of study.

 

NOTE:  OP is in final semester. 

[JoeF]

I suggest you take your fight with the public  Universities  which lists in their website that during final semester one need not have full course  load.  The links  are in my other post cited in this thread. 

I am not here to teach you the rules .    BTW,  OP is GOING OUT OF US for training.  He DOES NOT Need ANY US status during that period.  Hope you do not have any disagreement to that !

Then don't try to "teach" me anything. I know this better than you, anyway.

And what a university has on its website is pretty irrelevant. The law is what matters, and students THEMSELVES have to ensure that they follow the law.

People, including you, should have learned from the TVU case and similar cases that even if the DSO says a certain action is ok it may not necessarily be so.

And now, please stop trying to harass me.

[JoeF]

I thought I will be generous and help you learn the law.

 

Check ---

214.2(f)(6)(iii)©

Completion of course of study   . The DSO may authorize a reduced course load in the student's final term, semester, or session if fewer courses are needed to complete the course of study.

 

NOTE:  OP is in final semester. 

And???

That does NOT mean that CPT is allowed then.

Again, you fail basic understanding.

Please educate yourself about these things, and stop harassing me!