F1 OPT - F1 CPT Is it Violation?

[mavect]

Hi,

 

  I am a MS Comp Science grad working with a tech start up on F1 opt ( STEM ) which expires on Oct 15 2013. Just to give a little background, I graduated in 2011 and i took a couple of internships at major corporations before joining my present employer. We couldn't apply in time for H1B this year for various reasons as you know the cap was filled in the first week of April. 

 

  Myself and my employer considered various options like O1, GC etc in consultation with various lawyers but none of them suited as i wont be able to make a strong case. ( For example O1 requires patents/ publications etc) which i don't have. 

 

  As I am a critical member of the organization for raising angel investment / acquiring potential beta customers etc ( Although my primary role is development ), I was looking for ways to stay in the US. Thats when i came across the option of continuing on F1 with CPT. This college, *********** which is accredited offers that and everything seemed quite alright up until now. I read lot of discussions / forums stating the step i am about to take is a violation of F1 visa and subsequently cause problems with H1B application next year. I wanted to know if this is a legal/ viable option without breaking any rules and affecting my future work visa applications.

 

  My last resort is to go back and work remotely for a year and apply for H1B in time next year. But considering my duties at the organization, It would be great if i stay out here for the next 6 months or so.

 

Thanks,

Srini.

[omshiv]

If you choose the CPT way to be in status and work..that will kill your career in the US..Stay out of it.

[rahul412]

  As I am a critical member of the organization for raising angel investment / acquiring potential beta customers etc ( Although my primary role is development ), I was looking for ways to stay in the US. Thats when i came across the option of continuing on F1 with CPT. This college, *********** which is accredited offers that and everything seemed quite alright up until now. I read lot of discussions / forums stating the step i am about to take is a violation of F1 visa and subsequently cause problems with H1B application next year. I wanted to know if this is a legal/ viable option without breaking any rules and affecting my future work visa applications.

 

  My last resort is to go back and work remotely for a year and apply for H1B in time next year. But considering my duties at the organization, It would be great if i stay out here for the next 6 months or so.

 

It depends on what type of work you do in CPT.

CPT work is very rare to find it, CPT from day one is obviously doesn't exist. It's just like internship which means you have to go back F1 and start from scratch....!!!!

[mavect]

Honestly, I am taking up the MBA program to continue my employment. Although I would make a strong case for CPT ( relevant work - although I handle development within the organization , I also do a lot of marketing/ sales activities for the product we are releasing. ), I am worried if that will be viewed as an abuse by USCIS, when I apply for my H1B  next year. 

[rahul412]

Honestly, I am taking up the MBA program to continue my employment.

You can do your MBA while working,but you cannot work while doing MBA program. So don't mess up your career by joining school only for CPT.

[catx]

CPT is "Curricular Practical Training", which means that the training must be a documented part / requirement of a specific course or degree plan, i.e. a documented part of the program curriculum, and is intended for things like internship courses.  It is not to allow you to work in some or any job of your choosing, even if related to your field of study.  Enrolling in a MBA for getting CPT from day one and continuing in the job you had before enrolling in university / college is an abuse of the immigration laws, regulations, and rules -- and would be seen by the USCIS as such, i.e. immigration fraud.  A school that allows such practices is also participating in immigration fraud.

[JoeF]

Honestly, I am taking up the MBA program to continue my employment. Although I would make a strong case for CPT ( relevant work - although I handle development within the organization , I also do a lot of marketing/ sales activities for the product we are releasing. ), I am worried if that will be viewed as an abuse by USCIS, when I apply for my H1B  next year. 

An F1 is for studying, not for working.

And no real university will issue CPT to somebody who just signed up.

Forget CPT. It is not going to work.

[omshiv]

Honestly, I am taking up the MBA program to continue my employment. Although I would make a strong case for CPT ( relevant work - although I handle development within the organization , I also do a lot of marketing/ sales activities for the product we are releasing. ), I am worried if that will be viewed as an abuse by USCIS, when I apply for my H1B  next year. 

 

Understand your situation..but Honestly if you do that then that would be abuse of immigration laws...and you might even get deported. So stay away from it.

[rahul412]

  My last resort is to go back and work remotely for a year and apply for H1B in time next year. But considering my duties at the organization, It would be great if i stay out here for the next 6 months or so.

 

Talk to your employer about this option too. And explain him about your situation, if your employer wants you then he will try his best to keep you on board.

[mavect]

Well i decided to work remote and avoid all hassles. Thanks for all your replies and suggestions. Just another question, when i apply to H1B next year, will i come under masters category? and any other precautionary measures i need to take?

[rahul412]

Well i decided to work remote and avoid all hassles. Thanks for all your replies and suggestions. Just another question, when i apply to H1B next year, will i come under masters category? and any other precautionary measures i need to take?

If you have a advanced degree from public, non profit university then you are eligible.

[omshiv]

Well i decided to work remote and avoid all hassles. Thanks for all your replies and suggestions. Just another question, when i apply to H1B next year, will i come under masters category? and any other precautionary measures i need to take?

 

OP..We all appreciate you taking the correct way and not abusing the Visa/law here...hope there are more people like you.

[mavect]

What do you mean by public non profit? most of them are private. Does it matter? I actually have a degree from a private university , reputable though no problems with that..

[JoeF]

What do you mean by public non profit? most of them are private. Does it matter? I actually have a degree from a private university , reputable though no problems with that..

For the H1 Masters degree quota, only degrees from accredited US public universities or private non-profit universities (e.g., *********, ***, **********, ***) can be used.

Degrees from private for-profit universities (e.g., ***) can not be used.

This is specified in the law about the H1 Advanced Degree Quota.

[rahul412]

What do you mean by public non profit? most of them are private. Does it matter? I actually have a degree from a private university , reputable though no problems with that..

According to H1 rules, your advanced degree will be eligible for H1 approval only if you have earned that degree from public or non-profit university.

[catx]

What do you mean by public non profit? most of them are private. Does it matter? I actually have a degree from a private university , reputable though no problems with that..

 

What was meant is that there are public (e.g. state) universities and non-profit private universities (e.g. often with a religious affiliation), which because of their status (non-profit and affiliations), are not questioned by USCIS.  Private, for-profit universities can be the problem, because they are a business to make money a number of them have been found to be less than reputable (shady), willfully violating immigration laws, etc. (visa, diploma mills) for money.

[mavect]

Ok I don't think its a problem for me...

[F1struggle]

OP -- you have made the appropriate decision. There are many students here that try to "work" while on F-1 status and in the process hurt themselves.

 

You can work for this company from your home country or even Canada ( easy to file for a work permit for canada). And then wait until your H1-B is filed. You can then complete the visa process for your H1-B and enter.