BS OPT DENIED

[aus7d7]

Hi I graduated with a Bachelors in Computer Science from University of Missouri-Columbia in May 2013 and applied for OPT. My OPT got denied for three reasons.

 

1. I did an co-op during spring 2012 semester. During this Semester I was enrolled in a co-operative education program class which gave me a full time status and allowed me to get a approved CPT. However, this class was not a 12 credit hour course but it was designed to give a full time status and encourage students to engage in co-op. This is one of the reason (not enrolled in 12 credit hours) they denied my application.
2. In my last semester I was enrolled in 8 credit hours as I did not need anymore credits to graduate. I filled out a reduce course load form which was approved by the international center. Yet USCIS pointed this out and added to the list of reasons for denial.

3. I was working on CPT during summer of 2012 and got an extension on my CPT for 2 weeks as the company wanted me to stay longer. However there was a difference of 4 days between 2 CPTs. I did not work those 4 days but the paycheck indicated biweekly pay and USCIS made a reason out of it as well. I have timesheet which clearly states I did not work during that time. 

 

Now I did prepare for this when I received the RFE which made me a little worried and took admission in graduate school (I had already given my GRE in November 2012) and got admitted with full scholarship. My only concern is that will this denial cause a problem when I apply for OPT again after my masters? Also, will it cause problems when I apply for a visa renewal? 

 

Any help on this matter is really appreciated.

 

Thanks

[JoeF]

You found out that USCIS nowadays double- and triple-checks CPT stuff. That is due to abuse by fake, unaccredited so-called "universities."

It is nowadays best to not use CPT at all. Blame all the id*ots who signed up with these frauds, and then even have the nerve to complain when the frauds are shut down...

This is likely to come up in the future, e.g., during visa renewal.

[t75]

Were your activities approved by the DSO prior to you participating? Did you follow the programs exactly? Have you discussed your concerns with the DSO recently?

 

Full time for university is not necessarily full time for immigration.

 

You can always enroll in more classes than required for graduation.

[aus7d7]

Yes I have always gone through the DSO and without his approval I have done nothing. Also, my university is an accredited university.

I want to rectify this record of mine. I can easily fight the last two as I have paperwork to prove that. I just want to know what my best steps should be.

[ge145]

Yes I have always gone through the DSO and without his approval I have done nothing. Also, my university is an accredited university.

I want to rectify this record of mine. I can easily fight the last two as I have paperwork to prove that. I just want to know what my best steps should be.

In times of such RFE, please ask your DSO to provide a letter with all details, since you worked with their approval. 

[t75]

An attorney

[rahulpaudel]

I have a question for you Newbie. Did they check your pay stuffs as well?

 

I am guessing I will be in the same phase as well. Let me tell you my story. I have been in a company since May 2012. I did a full time CPT during that summer (i.e, 3 months and 12 days). I did a part time CPT during fall semester ( Fall 2012 ) and Spring Semester ( Spring 2013). Again , i am doing full time cpt in the summer 2013 and planning to do full time in the fall 2013 as well since this is my last semester in my college. I need 9 credit hours to graduate and already applied for reduce course load as well. And, I have been approved by the DSO as well. 

 

My length of the full time CPT will be nearly 11 months. 

 

However, I am done like 24/25 hours a week during my part time period. Do they check those pay stuffs and verify that I have worked more than 20 hours/week.

 

I was wondering if they gonna decline my OPT. 

[t75]

Do you really expect to finish working full time and taking 9 hours?  Do you realize the consequences of failing a class? The DSO does not know whether or not you are capable of what you propose.

 

If you know you do not qualify, why would you risk your future in the US and LIE when you apply? You do not deserve to work in the US with that question.

[livliv]

Consult an experience immigration attorney asap.

[MurthyAdmin]

@t75,

 

Please be courteous to other forum members asking questions. Constructive responses are encouraged. Anything other than that will result in membership suspension.

 

~Admin

[rahul412]

My length of the full time CPT will be nearly 11 months.

CPT is a 3 credit training course. In most of the cases it won't run for more than one semester, but  you worked for 11 months. So don't you see something is wrong here?? And now you tell me what's the difference between CPT and OPT??

[Eeshan]

I received the I 20 form from the DSO on 03/19/2013. I had to wait for a while before posting the application to USCIS , as I was running low on funds for the application fee. I posted the application on 04/15/2013. However, the application package was returned to me as one of the documents was not signed properly. I had to sign it and send it back to the USCIS. USCIS received the application package on 05/06/2013 and recorded that date as a receive date of the application. The I 20 issued to  me on 03/19/2013 was valid for the first time I sent the application but it lost its validity during the second time I sent the application  to USCIS. My option states that I can file for motion using form I 290 B. What are my chances of succeeding? Am i out of status? If yes, how do I maintain my status?

[rahulpaudel]

@rahul412 : CPT is not a 3 credit course. Its a curriculum practical training that allows F-1 student to work in their related field. You can work CPT - part time as many months as you want. However, Full time CPT must be less than a year, else, you wont be qualified for an OPT. However, My question was, During a part time CPT, I didn't realize that part time should not excess 20 hours ( or I didn't pay much attention to it). Mistake happens and it was completely unprofessional. We learn from mistake and thus we are asking for help up here. Its not that we did it knowingly. 

 

Now my question is : Does USCIS checks pay stuffs and like that!!!!

 

 

Really appreciate your help!!!

[rahul412]

@rahul412 : CPT is not a 3 credit course. Its a curriculum practical training that allows F-1 student to work in their related field. You can work CPT - part time as many months as you want. However, Full time CPT must be less than a year, else, you wont be qualified for an OPT. However, My question was, During a part time CPT, I didn't realize that part time should not excess 20 hours ( or I didn't pay much attention to it). Mistake happens and it was completely unprofessional. We learn from mistake and thus we are asking for help up here. Its not that we did it knowingly. 

 

Now my question is : Does USCIS checks pay stuffs and like that!!!!

 

 

Really appreciate your help!!!

Well when I was in school they didn't allowed us to work for more than 3 months and they said CPT is only for internships and that will be treated as 3 credits course work and hence you can use that work as your graduate project. Because this CPT should be mentioned in the transcripts.

 

Coming to your question, these days USCIS is grilling the people who have worked in CPT. So I guess they will.

[rahulpaudel]

This Sucks Badly. Didn't really thought consequences gonna be so bad. 

 

Do you know what would be my options to take care of that stuffs.

[rahul412]

This Sucks Badly. Didn't really thought consequences gonna be so bad. 

 

Do you know what would be my options to take care of that stuffs.

Contact some attorney.

[rahulpaudel]

@rahul412 : 

 

Thanks for the advice. I really appreciate your input. 

[JoeF]

This Sucks Badly. Didn't really thought consequences gonna be so bad. 

 

Do you know what would be my options to take care of that stuffs.

Blame the id*ots who signed up with shady so-called "universities" to abuse CPT.

Unfortunately, legitimate CPT is collateral damage.

You should discuss your situation with a good immigration lawyer.

[rahulpaudel]

@ JoeF , Thanks for the input. 

 

However, I am not planning to work full time this Fall. I did a mistake and realize that. I will be working part time (exactly 20 hrs/week). So, full time of CPT will be around 7 months. Part time never gets counted. If they check my pay stuffs, I will consider myself a unlucky guy. 

[mspathak]

On 7/27/2013 at 10:31 AM, rahulpaudel said:

I have a question for you Newbie. Did they check your pay stuffs as well?

 

I am guessing I will be in the same phase as well. Let me tell you my story. I have been in a company since May 2012. I did a full time CPT during that summer (i.e, 3 months and 12 days). I did a part time CPT during fall semester ( Fall 2012 ) and Spring Semester ( Spring 2013). Again , i am doing full time cpt in the summer 2013 and planning to do full time in the fall 2013 as well since this is my last semester in my college. I need 9 credit hours to graduate and already applied for reduce course load as well. And, I have been approved by the DSO as well. 

 

My length of the full time CPT will be nearly 11 months. 

 

However, I am done like 24/25 hours a week during my part time period. Do they check those pay stuffs and verify that I have worked more than 20 hours/week.

 

I was wondering if they gonna decline my OPT. 

Did you face any problems because of this? Did you get your opt?

I am working part time and need to know if I strictly need to keep it under 20 hours.