Taking CPT in Second Masters after first semester

[simk]

Hello Guys,

 

I have a masters degree in US. I was working on OPT and filed for H1b last year in 2014 quota and it got denied due to client letter issues, I was working in EVC model.

 

Now, I have enrolled in another masters program and I am studying my second semester. I am trying to find an employer who can sponsor my h1b, in 2015 quota.

 

My question is:

 

Is taking CPT legal in second semester. When I asked my DSO, they said, that if your advisor advises to take CPT, which might benefit for your study, then you can take CPT.

 

Please let me know your opinion. No employer wants to wait until Oct 1 for me to start working. Everybody is asking, do you have a work permit? Do you have CPT .... OPT?

 

I am just trying to understand my options as an international student, who doesn't want to miss out on this year H1b Quota too..

 

Thanks for the help in advance.

[jairichi]

Hello Guys,

 

I have a masters degree in US. I was working on OPT and filed for H1b last year in 2014 quota and it got denied due to client letter issues, I was working in EVC model.

 

Now, I have enrolled in another masters program and I am studying my second semester. I am trying to find an employer who can sponsor my h1b, in 2015 quota.

 

My question is:

 

Is taking CPT legal in second semester. When I asked my DSO, they said, that if your advisor advises to take CPT, which might benefit for your study, then you can take CPT.

 

Please let me know your opinion. No employer wants to wait until Oct 1 for me to start working. Everybody is asking, do you have a work permit? Do you have CPT .... OPT?

 

I am just trying to understand my options as an international student, who doesn't want to miss out on this year H1b Quota too..

 

Thanks for the help in advance.

If you are planning to join H1B employer on CPT that is illegal.

[JoeF]

No real university would give out CPT just like that.

CPT is NEVER for working in some arbitrary job. That would be abuse of CPT.

If you abuse CPT, you won't get an H1. USCIS is cracking down on this kind of abuse.

An F1 is for studying, not for working. Concentrate on the studies.

And NO legitimate employer would ask for CPT. Only shady, fraud consultants would ask that.

Stay away from fraud consultants. Avoid EVC stuff. All that is over, due to abuse.

 

And as an international student, you promised to go back to your home country. Or are you saying that you lied when you applied for the F1???

[t75]

Any employer filing for H1 knows the rules. They wait. Finds a decent emnployer. If you cannot, it is because you are unqualified to work in the US. No one is guaranteed a job in the US.

 

Don't be stupid and try to use CPT to violate the regulations.

[simk]

No real university would give out CPT just like that.

CPT is NEVER for working in some arbitrary job. That would be abuse of CPT.

If you abuse CPT, you won't get an H1. USCIS is cracking down on this kind of abuse.

An F1 is for studying, not for working. Concentrate on the studies.

And NO legitimate employer would ask for CPT. Only shady, fraud consultants would ask that.

Stay away from fraud consultants. Avoid EVC stuff. All that is over, due to abuse.

 

And as an international student, you promised to go back to your home country. Or are you saying that you lied when you applied for the F1???

Joef,

 

Thanks for replying.  I am not abusing CPT. I am just asking, if taking CPT is legal in 2nd semester?

 

And come on every one who is on F1, end up on H1, at the end of their OPT. It is not illegal to apply for H1, when you are on F1.... Plans change.. once you are in US...

 

EVC is not illegal... don't post rubbish.. unless you are trying to help... 

[simk]

Any employer filing for H1 knows the rules. They wait. Finds a decent emnployer. If you cannot, it is because you are unqualified to work in the US. No one is guaranteed a job in the US.

 

Don't be stupid and try to use CPT to violate the regulations.

I am trying to find an Full time Employer.. I have couple of interviews going on.. just trying to find out...my options, if nothing materializes.

 

No real university would give out CPT just like that.

CPT is NEVER for working in some arbitrary job. That would be abuse of CPT.

If you abuse CPT, you won't get an H1. USCIS is cracking down on this kind of abuse.

An F1 is for studying, not for working. Concentrate on the studies.

And NO legitimate employer would ask for CPT. Only shady, fraud consultants would ask that.

Stay away from fraud consultants. Avoid EVC stuff. All that is over, due to abuse.

 

And as an international student, you promised to go back to your home country. Or are you saying that you lied when you applied for the F1???

And I am not trying to work in some arbitrary job.. I am finding job related to my major. 

[catx]

And I am not trying to work in some arbitrary job.. I am finding job related to my major. 

 

Finding a job related to your major by itself does not define legal use of CPT curriculum practical training employment authorization.  CPT employment authorization is legally limited to specific employment directly related to a course or part of the degree plan, as would be published in the university / college materials, e.g. the school course catalog.

[catx]

And come on every one who is on F1, end up on H1, at the end of their OPT. It is not illegal to apply for H1, when you are on F1.... Plans change.. once you are in US... 

 

Not everyone (every student) who is on a F-1 visa ends up on a H-1B visa.  Absolute statements aside, there are not visas available (H-1B and otherwise) for everyone who wants one.  That is the way it is, and you need to accept it.  Because your 'employer' could not file a successful H-1B petition for you does not mean you are entitled to some other option to stay in the U.S.  You stated when you got a F-1 visa that you would return to your home country when you graduated +/- OPT period(s).  Going back to school for a second masters with CPT employment authorization as a 'bridge' is not the intent of the U.S. immigration laws, regulations, and rules.

[JoeF]

Joef,

 

Thanks for replying.  I am not abusing CPT. I am just asking, if taking CPT is legal in 2nd semester?

 

And come on every one who is on F1, end up on H1, at the end of their OPT. It is not illegal to apply for H1, when you are on F1.... Plans change.. once you are in US...

 

EVC is not illegal... don't post rubbish.. unless you are trying to help... 

 

Avoid CPT. That's a big red flag nowadays. And CPT being "related to your major" is NOT enough. That's required for OPT. For CPT, the work has to be required for a class.

Do NOT abuse CPT if you want to have a career in the US.

And while it is allowed to change one's mind about immigrating to the US, you just got admission to a new university, and that means you can not just change to have and not have and have again immigration intent in the span of a few months.

Further, due to abuse of EVC stuff (which also doesn't make any economic sense), USCIS is asking about employer-employee relationship. That is pretty much impossible to show with EVC.

[simk]

If you are planning to join H1B employer on CPT that is illegal.

 

 

Jairichi,

 

I am not sure, from where you got this idea.. that finding H1 B employer is illegal on CPT. Can you please post your references..?

 

I already have a masters degree in US and I am trying to find an employer.

[simk]

s

 

Not everyone (every student) who is on a F-1 visa ends up on a H-1B visa.  Absolute statements aside, there are not visas available (H-1B and otherwise) for everyone who wants one.  That is the way it is, and you need to accept it.  Because your 'employer' could not file a successful H-1B petition for you does not mean you are entitled to some other option to stay in the U.S.  You stated when you got a F-1 visa that you would return to your home country when you graduated +/- OPT period(s).  Going back to school for a second masters with CPT employment authorization as a 'bridge' is not the intent of the U.S. immigration laws, regulations, and rules.

Catx... I agree, there aren't so many visas available, as many F1 people graduating... But.. if american system doesn't have any problem giving h1's to F1 students.. then what is your problem?

 

I paid around 30-40 k in tuition and I paid taxes.. when ever I was working... I entitled to try and stay legally... I am not doing any illegal for god sake..

 

I have not yet taken CPT employment... I  found out from my school DSO that... if my job is related to one of my courses.. then they will give CPT...

 

And I am planning to take CPT, once my second semester is complete.. which makes it completely legal..

[simk]

Avoid CPT. That's a big red flag nowadays. And CPT being "related to your major" is NOT enough. That's required for OPT. For CPT, the work has to be required for a class.

Do NOT abuse CPT if you want to have a career in the US.

And while it is allowed to change one's mind about immigrating to the US, you just got admission to a new university, and that means you can not just change to have and not have and have again immigration intent in the span of a few months.

Further, due to abuse of EVC stuff (which also doesn't make any economic sense), USCIS is asking about employer-employee relationship. That is pretty much impossible to show with EVC.

I agree JOEF... I  have contacted my school and they said.. if job is related to courses.. then they will give CPT...

 

I agree.. once my H1 was rejected last year.. I went to H4 for a month... I have a spouse who is working on H1 visa.. It was like hell staying at home.. after you get used to working... That's when I changed to F1 visa.. as studying will keep me busy...

 

So.. what do you want me to doo.. since my H1 attempt didn't go through.. I have to just sit at home and waste my career?

 

I believe, I can look for other options.. as long as I am not abusing or doing anything illegal..

 

I can't just waste my career sitting at home...

[JoeF]

There are lots of other options.

For example, if you are in CS, you could participate in Open Source software. That keeps your skills sharp. You won't get paid, everybody volunteers. But you get insight into cutting-edge software.

And for studying, you can do that on H4 as well. No need to change to F1. Depending on where you are, you may even qualify for in-state tuition on H4. You can't work on H4, but studying for real, not abusing it for work, helps your future career as well.

Abuse of CPT, on the other hand, would kill your career in the US forever.

[t75]

s

 

Catx... I agree, there aren't so many visas available, as many F1 people graduating... But.. if american system doesn't have any problem giving h1's to F1 students.. then what is your problem?

 

I paid around 30-40 k in tuition and I paid taxes.. when ever I was working... I entitled to try and stay legally... I am not doing any illegal for god sake..

 

I have not yet taken CPT employment... I  found out from my school DSO that... if my job is related to one of my courses.. then they will give CPT...

 

And I am planning to take CPT, once my second semester is complete.. which makes it completely legal..

 

 

This is not true. CPT MUST be part of the establish curriculum.

 

A US degree NEVER guaranteed that you would be able to work in the US. In fact, you had to state your intention to return home with your new skills to HELP OUT YOUR COUNTY.

[t75]

You do not have to sit in your house and do nothing. You can GO HOME and work LEGALLY.  You have lots of excuses as to why you are "special". Not so.

 

You certainly appear to be planning to work illegally. It will come back to bite you in the future.

[rahul412]

Jairichi,

 

I am not sure, from where you got this idea.. that finding H1 B employer is illegal on CPT. Can you please post your references..?

 

I already have a masters degree in US and I am trying to find an employer.

That's not ILLEGAL. But think practically, what will you reply during your H1 interview when vo will asks you " why did you joined for second master's and why didn't you finished it??"

[rahul412]

 I  have contacted my school and they said.. if job is related to courses.. then they will give CPT...

But what you are doing is some arbitrary job which is not a part of your F1 program. 

 

 

 

So.. what do you want me to doo.. since my H1 attempt didn't go through.. I have to just sit at home and waste my career?

 

I believe, I can look for other options.. as long as I am not abusing or doing anything illegal..

 

I can't just waste my career sitting at home...

Just find a real job and start working on H1 from Oct 1st this year.

I can understand your frustration but you cannot go for H1 by using CPT. 

[catx]

I have not yet taken CPT employment... I  found out from my school DSO that... if my job is related to one of my courses.. then they will give CPT...

 

I have learned that not all DSOs fully understand U.S. immigration laws, regulations, and rules.  When I dealt with the DSO at a major, recognized, top ranked, public university I got accurate information that I could rely on.  Later when I dealt with a DSO at a small public university I was given some misinformation that lead to some issues (which they resolved, but it caused some hassle and frustration).

 

Further, according to the DSO from the major public university they only sign off on CPT employment authorization in limited circumstances, such as ... An internship course published in the course catalog, which requires a sponsoring professor and departmental approval to enroll in the course and then reporting during the internship and often a research paper after the internship submitted to the professor for grading (internship approval often required working on a research project).  A cooperative degree program (again published in the course catalog) combining school and work at an approved employer working with the university.

 

Respectfully, it would seem that your school's DSO is thinking OPT employment authorization and CPT employment authorization have similar requirements.

[t75]

When it comes to CPT, when in doubt, don't do it.

[JoeF]

I have learned that not all DSOs fully understand U.S. immigration laws, regulations, and rules.  When I dealt with the DSO at a major, recognized, top ranked, public university I got accurate information that I could rely on.  Later when I dealt with a DSO at a small public university I was given some misinformation that lead to some issues (which they resolved, but it caused some hassle and frustration).

 

Further, according to the DSO from the major public university they only sign off on CPT employment authorization in limited circumstances, such as ... An internship course published in the course catalog, which requires a sponsoring professor and departmental approval to enroll in the course and then reporting during the internship and often a research paper after the internship submitted to the professor for grading (internship approval often required working on a research project).  A cooperative degree program (again published in the course catalog) combining school and work at an approved employer working with the university.

Yes, that is how CPT works. It has to be an integral part of the curriculum, which obviously requires it to be published in the course catalog, and the university has agreements with the appropriate employers. It is never for work in some arbitrary job or in some arbitrary company. And it is in particular never for work in some consulting company, it can't be because a consulting company puts people on arbitrary client projects, so it can by definition not be part of a course or research project.

 

I have made the same experience with DSOs at a big public university (in Los Angeles) vs. DSOs at a smaller public university (still within the UC system.)

[catx]

A couple other points on valid CPT employment authorization ...

 

Valid internship courses are typically only available to 2nd + year students.  They are almost never available to 1st year students.

 

Work on CPT employment authorization would only be full-time when school is not in session (e.g. during the summer) or when on work semesters in an cooperative degree program.  Full-time work on CPT employment authorization while also enrolled and attending classes is indicative of illegal employment and immigration fraud.  On a F-1 visa a person is required to be a full-time student, thus by definition a person who is a full-time student attending classes cannot also be working full-time.

[simk]

Thank you all for your valuable suggestions.. I have found a real employer.. who is willing to wait until Oct 1st for me to join. I am so excited, that I don't need to rely on CPT to make my career.

 

I am going back to H4 and will file COS, once H1b gets approved...

 

Please pray that it picks up in lottery this time.

 

Thanks All...

[Philuppus]

On 2/24/2014 at 3:09 AM, simk said:

Thank you all for your valuable suggestions.. I have found a real employer.. who is willing to wait until Oct 1st for me to join. I am so excited, that I don't need to rely on CPT to make my career.

 

I am going back to H4 and will file COS, once H1b gets approved...

 

Please pray that it picks up in lottery this time.

 

Thanks All...

Hey simk, how did this work out for you? Any luck with H1b. I will apply with my employer this upcoming round and I'm so uncertain...