sandyt Posted January 7, 2014 Report Share Posted January 7, 2014 Hi, I completed my first master's from a reputed US university and unfortunately my H1 was not picked in 2013 under master's cap or regular quota. My 17 month STEM Extension OPT ended in November 2013, so I have decided to do my second master's and at the same time work on CPT. I see a college in Delaware (accredited, non-profit) and offering CPT for the people who pursue their 2nd master's.. So, I have enrolled into MBA in that college and working on CPT currently for a company XX. AM I abusing any CPT/F1 rules ? Now, what are the chances of USCIS denying my COS or not approving my H1b in 2014 ? Do you think USCIS will query my H1 for pursuing my 2nd master's and working on CPT from day-1 or will they consider my first Master's degree while they review my application ? What documents should I get ready in order to support my CPT and MBA that I am pursuing ? Also, I am working Full Time for company XX and my client YY also want to file my H1b this year (April 2014),. I know that client YY should apply my H1b as a future employee. But, while filing for my H1b in 2014, should YY need to enclose my CPT I20s along with offer letter that proves that my CPT is related to the work I am doing ? Or can YY file my H1b in 2014 based on my 1st Master's degree ? FYI - YY is aware of the fact that I am working on CPT and pursing my MBA. Link to comment
JoeF Posted January 7, 2014 Report Share Posted January 7, 2014 You are abusing CPT. Such abuse will result in not being able to get an H1. Link to comment
rahul412 Posted January 7, 2014 Report Share Posted January 7, 2014 AM I abusing any CPT/F1 rules ? Now, what are the chances of USCIS denying my COS or not approving my H1b in 2014 ? Yes, you are abusing the F1 rules and your H1 no doubt will be rejected if that USCIS officer is following the immigration rules strictly. Link to comment
jairichi Posted January 7, 2014 Report Share Posted January 7, 2014 Hi, I completed my first master's from a reputed US university and unfortunately my H1 was not picked in 2013 under master's cap or regular quota. My 17 month STEM Extension OPT ended in November 2013, so I have decided to do my second master's and at the same time work on CPT. I see a college in Delaware (accredited, non-profit) and offering CPT for the people who pursue their 2nd master's.. So, I have enrolled into MBA in that college and working on CPT currently for a company XX. AM I abusing any CPT/F1 rules ? Now, what are the chances of USCIS denying my COS or not approving my H1b in 2014 ? Do you think USCIS will query my H1 for pursuing my 2nd master's and working on CPT from day-1 or will they consider my first Master's degree while they review my application ? What documents should I get ready in order to support my CPT and MBA that I am pursuing ? Also, I am working Full Time for company XX and my client YY also want to file my H1b this year (April 2014),. I know that client YY should apply my H1b as a future employee. But, while filing for my H1b in 2014, should YY need to enclose my CPT I20s along with offer letter that proves that my CPT is related to the work I am doing ? Or can YY file my H1b in 2014 based on my 1st Master's degree ? FYI - YY is aware of the fact that I am working on CPT and pursing my MBA. Violation of immigration law. CPT from day 1? No good university would provide CPT from day 1. CPT as a full time employee? Wait for other members opinion. Link to comment
t75 Posted January 7, 2014 Report Share Posted January 7, 2014 F1 is NOT for working in the US when you do not get H1B. How can you be working full time and going to school full time? NOT POSSIBLE Link to comment
sandyt Posted January 7, 2014 Author Report Share Posted January 7, 2014 @t75. You can work on F1. Your OPT comes under F1 and most of the universities in US will give you CPT after your physical presence is more than an year and before you graduate and also if the CPT is related to your course work. I was graduated from a very reputed university back in mid 2011 and I worked on CPT from 2010 to mid 2011 (10 months) then got my OPT + 17 month STEM extension.. Also, I go to my school twice a week in the evenings now and I have my office from 9-5 and I am managing both happily..I am pursuing my 2nd master's in a degree that's very related to my job. Now where am I abusing my F1 rules ? I am not arguing, but just wanted to know different scenarios here.. Thanks for your prompt feedback.. Link to comment
sandyt Posted January 7, 2014 Author Report Share Posted January 7, 2014 @JoeF.. I have already enrolled into classes and finished my 1st quarter and worked on CPT for about 3 months. With H1 around in another 3 months, what advice can you give me now ? Do I terminate my CPT right away and continue going to school and not working ? Is that fine or does immigration still consider it as abusing F1 rules and trouble me in the future if they ever consider it seriously ? Link to comment
JoeF Posted January 8, 2014 Report Share Posted January 8, 2014 @JoeF.. I have already enrolled into classes and finished my 1st quarter and worked on CPT for about 3 months. With H1 around in another 3 months, what advice can you give me now ? Do I terminate my CPT right away and continue going to school and not working ? Is that fine or does immigration still consider it as abusing F1 rules and trouble me in the future if they ever consider it seriously ? You need to stop working on CPT immediately. That's the first step. And then you need to discuss your situation with a GOOD immigration lawyer! If an employer files an H1 for you, there would most likely be an RFE Being pro-active in limiting the problem can go a long way. Link to comment
rahul412 Posted January 8, 2014 Report Share Posted January 8, 2014 Now where am I abusing my F1 rules ? CPT is part of your F1, just like an internship not the one which is equivalent to FTE. And I am sure you are abusing F1. Is your H1 job ( about to file) and the current CPT job are one and same?? Link to comment
sandyt Posted January 9, 2014 Author Report Share Posted January 9, 2014 @Rahul: H1 job (about to file) and the current CPT job are one and the same..does it get me into more trouble ? Link to comment
t75 Posted January 9, 2014 Report Share Posted January 9, 2014 Twice a week is NOT a fulltime student Link to comment
rahul412 Posted January 9, 2014 Report Share Posted January 9, 2014 @Rahul: H1 job (about to file) and the current CPT job are one and the same..does it get me into more trouble ? So now you tell, how can a CPT part of F1 is equivalent to H1 job which is an FTE?? So,what's the difference between your CPT job and H1 job?? Don't you think you abused CPT by taking H1 job which is NOT part of your F1 program. Link to comment
t75 Posted January 9, 2014 Report Share Posted January 9, 2014 OP, You just do not want to understand that you are being taken advantage of by your so called university and are in violation of the rules of the F1 program. No one on this forum has been able to change your mind. Do what you want and don't come whining when you have problems in the future. Link to comment
catx Posted January 9, 2014 Report Share Posted January 9, 2014 @Rahul: H1 job (about to file) and the current CPT job are one and the same ... does it get me into more trouble? Perfect example of abusing a F-1 visa and CPT employment authorization. Getting a F-1 student visa and CPT employment authorization not for studying (notably as it is for a 2nd Masters degree), but as way to get around immigration laws, regulations, and rules to work full time. (It is not different than the IT outsourcing company abusing B visas versus using H-1B visas and being fined millions of dollars.) Having a H-1B visa petition approved could be the least of the problems, given that the person could be found in violation of their F-1 visa and working illegally, and be subject to deportation and an entry ban. Link to comment
dkbose007 Posted March 1, 2015 Report Share Posted March 1, 2015 I think You have nothing to loose. If your H1b application gets denied you are going back to India so take a chance and keep working on CPT. Me and few friends of mine were in same situation and we got our H1b. So don't listen to people who says you are abusing rules and all that ****. If visa officer thinks you are abusing any rule then they will reject you so let them decide. People who are talking about abusing rules and all had very smooth beginning for H1b but don't forget you are paying thousands dollars of fee to college while working. I am not inspiring you to work on CPT but you don't have option so TAKE A RISK!!! Link to comment
JoeF Posted March 1, 2015 Report Share Posted March 1, 2015 I think You have nothing to loose. If your H1b application gets denied you are going back to India so take a chance and keep working on CPT. Me and few friends of mine were in same situation and we got our H1b. So don't listen to people who says you are abusing rules and all that ****. If visa officer thinks you are abusing any rule then they will reject you so let them decide. People who are talking about abusing rules and all had very smooth beginning for H1b but don't forget you are paying thousands dollars of fee to college while working. I am not inspiring you to work on CPT but you don't have option so TAKE A RISK!!! YOu and your friends WILL get into trouble. It can be a few years down the road, during an H1 extension or the GC process. You are a fraudster. Fraudsters like you are the reason why it is getting harder every day to get an F1 or an H1. Shame on you!!! Link to comment
JoeF Posted March 1, 2015 Report Share Posted March 1, 2015 I think You have nothing to loose. If your H1b application gets denied you are going back to India so take a chance and keep working on CPT. Me and few friends of mine were in same situation and we got our H1b. So don't listen to people who says you are abusing rules and all that ****. If visa officer thinks you are abusing any rule then they will reject you so let them decide. People who are talking about abusing rules and all had very smooth beginning for H1b but don't forget you are paying thousands dollars of fee to college while working. I am not inspiring you to work on CPT but you don't have option so TAKE A RISK!!! Have you forgotten the TVU raid??? The people who got ankle bracelets??? The people who got deported??? There is a deportation cell waiting for you! You are a criminal! Link to comment
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