F1 --> CPT --> Grace Period (?) --> H1B


Riya05402

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Hello, 

I am currently on F1 visa status residing in US and have been working on full time CPT. My H1-B petition was approved in April this year (2014) effective October 1st 2014. Unfortunately my F-1 I-20/CPT expires in July 2014. I checked with my university about the possibility of extending my F1 visa and CPT until October but they have declined this. They have also declined the possibility of issuing OPT. 

My question is: Is there a "grace period" that is applicable from July - October 2014 that allows me to work legally in the US? I plan to travel to my home country for visa stamping in September, so I want to make sure I'm not in violation of any laws by continuing employment without a valid work visa. What are my options? 

Many Thanks!

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I want to make sure I'm not in violation of any laws by continuing employment without a valid work visa.

You have already violated the F1 rules by working as FT employee under CPT.  CPT is not for full time employment, this is clear that you have abused F1 to the maximum extent.

 

You have no grace period, you need to exit and enter on H1.

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When I did my masters back in 2001-2003 from one of the technology schools in Illinois, we were eligible to do full time CPT for 11 months or almost 12months and any number of part time CPT's. I am not sure how the situation is now witht the universities.

 

Did they tell you the reason why they will be declining your OPT. Without any valid reason they can not decline your OPT.

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When I did my masters back in 2001-2003 from one of the technology schools in Illinois, we were eligible to do full time CPT for 11 months or almost 12months and any number of part time CPT's. I am not sure how the situation is now witht the universities.

 

Did they tell you the reason why they will be declining your OPT. Without any valid reason they can not decline your OPT.

That was long time ago. Now things changed, even the genuine CPT work sometimes create trouble during the interview but will be cleared since it was genuine.

 

OP didn't completed his degree so no OPT.

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Correct me if I am wrong. One OP actually pointed to me a link in ICE website informing that CPT is legal even if done full time and it can be approved even from first semester if it is a program requirement. The following is the link,

 

http://www.ice.gov/sevis/practical-training/

That's correct. But how many jobs you can find which fits the above criteria?? Very less.

 

Which program requires CPT from first semester without completing the pre-req's??

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Correct me if I am wrong. One OP actually pointed to me a link in ICE website informing that CPT is legal even if done full time and it can be approved even from first semester if it is a program requirement. The following is the link,

 

http://www.ice.gov/sevis/practical-training/

 

Yes, but that is very rare.

In reality, only fraud institutions allow CPT from day one, and they try to justify that with this, but they forget the part that it has to be an integral part of the curriculum.

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Yes, but that is very rare.

In reality, only fraud institutions allow CPT from day one, and they try to justify that with this, but they forget the part that it has to be an integral part of the curriculum.

Ok got it. So, it will be better if anyone asks in this forum about CPT to give full details to give any comments.

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That was long time ago. Now things changed, even the genuine CPT work sometimes create trouble during the interview but will be cleared since it was genuine.

 

OP didn't completed his degree so no OPT.

 

rahul412, please stop asserting wrong information.  While it is definitely true that CPT from day 1 is border line, regular full time CPT is not - look up reputed programs like the MSIS in University of Cincinnati which provide CPT after 2 semesters of course work. Full time CPT is provided every year and is in fact a core part of the learning experience in the curriculum.

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rahul412, please stop asserting wrong information.  While it is definitely true that CPT from day 1 is border line, regular full time CPT is not - look up reputed programs like the MSIS in University of Cincinnati which provide CPT after 2 semesters of course work. Full time CPT is provided every year and is in fact a core part of the learning experience in the curriculum.

What's wrong in my previous post??

 

If a person is moving from CPT to H1 then I am 99% sure that he is misusing it.

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rahul412, please stop asserting wrong information.  While it is definitely true that CPT from day 1 is border line, regular full time CPT is not - look up reputed programs like the MSIS in University of Cincinnati which provide CPT after 2 semesters of course work. Full time CPT is provided every year and is in fact a core part of the learning experience in the curriculum.

 

I think what Rahul wanted to point out is that even with legitimate CPT, there would nowadays be an RFE from USCIS. The reason being that any CPT nowadays is a red flag with USCIS, due to the blatant abuse by the likes of TVU, and others who abuse the CPT rules to separate foreigners from their money.

So, for legitimate CPT, it is prudent to have plenty of documentation that it indeed is legit.

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