H1B Denied, Filing for MTR and planning to travel to India in DEC

[Twisha2506]

Hi all,

 

My H1b was denied this year as USCIS is not considering my position as a Business Systems Analyst as a specialty occupation. My company is filing for a Motion to Reopen . Currently I am on an F1 visa with a CPT and the F1 expires in August 2015. My current I-94 is valid till my student visa expires.

 

My question is can I travel to India while my Motion to Reopen is still in process i.e. I haven't got a decision and in the case of me leaving the country - will it have any effect on the MTR? Will the MTR process will be cancelled? 

 

Thanks in advance.

[JoeF]

CPT is only for work as integral part of the curriculum.

What class in the college would require work as a "Business Systems Analyst"?

An MTR would likely be a waste of time and money. The CPT is the main problem, because this looks like CPT abuse.

[jairichi]

MTR process will go on even if you leave US.

[rahul412]

Hi all,

 

My H1b was denied this year as USCIS is not considering my position as a Business Systems Analyst as a specialty occupation. My company is filing for a Motion to Reopen . Currently I am on an F1 visa with a CPT and the F1 expires in August 2015. My current I-94 is valid till my student visa expires.

 

My question is can I travel to India while my Motion to Reopen is still in process i.e. I haven't got a decision and in the case of me leaving the country - will it have any effect on the MTR? Will the MTR process will be cancelled? 

 

Thanks in advance.

So in other words, you have abused CPT. Forget about your H1, first stop working on CPT.

MTR doesn't provide any legal status.

[Twisha2506]

@ Rahul and Joe,

 

I am not trying to find the legal status through the MTR. As I mentioned earlier I have a valid visa till Aug 2015 and the only question I had was will I be able to travel and not have my MTR withdrawn.

 

I underdstand completely that CPT is an integral part of the curricullum and that is what I am using it for one of my internship recognized and authorized by the university that I go to. Also to the question you guys posted "Which class in the college would require work as a "Business Systems Analyst" - then the answer to this question is that the Business Systems Analysts position is for a job offer that I would have started in October if my H1

[Twisha2506]

Apologies for the incomplete post earlier. 

 

The answer to the question posted by one of you was that "What class in the college would require work as a "Business Systems Analyst"?" and the answer to this question is that this one is a position that I have been offered to start in Oct 2014 if the H1b would have been approved. 

 

By no means there is an abuse my CPT here.  

 

Thanks in advance. 

[JoeF]

Apologies for the incomplete post earlier. 

 

The answer to the question posted by one of you was that "What class in the college would require work as a "Business Systems Analyst"?" and the answer to this question is that this one is a position that I have been offered to start in Oct 2014 if the H1b would have been approved. 

 

By no means there is an abuse my CPT here.  

 

Thanks in advance. 

 

So, on which position do you work there now?

And "authorized by the university" doesn't say much. The fake universities out there don't have scruples to "authorize" things even if that is clearly not authorizable. TVU, for example, "authorized" CPT for work at a 7-Eleven...

It seems to be that you use "talking points" from the "university" that they developed to make things look legit.

Looking legit and being legit are two different things, though.

Your buzzwordy post only makes the suspicion stronger that this is abuse of CPT.

[rahul412]

Apologies for the incomplete post earlier. 

 

The answer to the question posted by one of you was that "What class in the college would require work as a "Business Systems Analyst"?" and the answer to this question is that this one is a position that I have been offered to start in Oct 2014 if the H1b would have been approved. 

 

By no means there is an abuse my CPT here.  

 

Thanks in advance. 

If you feel like you are not abusing it then that's fine.

 

What kind of work are you doing in CPT?? Are you going to school or not?

[Kal.911]

Your question is not clear to the extent that it does not tell us about your studies. Did you graduate with your intended degree ?

 

Scenario 1) Yes.

 

In that case, you should start to work on OPT for that Job. F1 is valid through August 2015 but ONLY if you enroll in school full-time.

 

May be applying for OPT should have helped.

 

Scenario 2) No.

 

CPT abuse (period) AND then applying for H1B visa (immigrant intent) without leaving the country and graduating when on F1 Visa (non-immigrant intent).

 

There are two red flags in Scenario (2).

 

You can travel to India but you may be required to prove that you are full time student when you re-enter USA.

 

Best advise is abandon CPT (period.) No ifs and Buts.

 

Or if you have the luxury of getting banned from USA for ever, then work on CPT happily. H1B , forget about it.

 

Also which university are you studying ? Because whenever CPT is applied, some forum members have shown complete lack of judgement or malicious intent in applying for colleges with questionable visa practices.

[Twisha2506]

If you feel like you are not abusing it then that's fine.

 

What kind of work are you doing in CPT?? Are you going to school or not?

Yes I am attending the school full time. I am doing an internship within the location specified by the univ. 

[Twisha2506]

So, on which position do you work there now?

And "authorized by the university" doesn't say much. The fake universities out there don't have scruples to "authorize" things even if that is clearly not authorizable. TVU, for example, "authorized" CPT for work at a 7-Eleven...

It seems to be that you use "talking points" from the "university" that they developed to make things look legit.

Looking legit and being legit are two different things, though.

Your buzzwordy post only makes the suspicion stronger that this is abuse of CPT.

I am sorry but you might have heard or seen examples of people wherein they do take unfair advantage of CPT. In my case I work within the location specified by the univ, with proper documentation submitted by the company and then an approval to work for the same from the school. I have already completed my degree once and the CPT that I am working on is an extension of the same. 

[Twisha2506]

Your question is not clear to the extent that it does not tell us about your studies. Did you graduate with your intended degree ?

 

Scenario 1) Yes.

 

In that case, you should start to work on OPT for that Job. F1 is valid through August 2015 but ONLY if you enroll in school full-time.

 

May be applying for OPT should have helped.

 

Scenario 2) No.

 

CPT abuse (period) AND then applying for H1B visa (immigrant intent) without leaving the country and graduating when on F1 Visa (non-immigrant intent).

 

There are two red flags in Scenario (2).

 

You can travel to India but you may be required to prove that you are full time student when you re-enter USA.

 

Best advise is abandon CPT (period.) No ifs and Buts.

 

Or if you have the luxury of getting banned from USA for ever, then work on CPT happily. H1B , forget about it.

 

Also which university are you studying ? Because whenever CPT is applied, some forum members have shown complete lack of judgement or malicious intent in applying for colleges with questionable visa practices.

Thank you for this detailed post. Currently I am enrolled in the school full time. I am halfway through my current intended degree and thus started working on the internship with CPT. 

[JoeF]

I am sorry but you might have heard or seen examples of people wherein they do take unfair advantage of CPT. In my case I work within the location specified by the univ, with proper documentation submitted by the company and then an approval to work for the same from the school. I have already completed my degree once and the CPT that I am working on is an extension of the same. 

Not just some examples.

Pretty much everybody who posts here and works with CPT is abusing CPT.

Your sentence "I have already completed my degree once and the CPT that I am working on is an extension of the same" doesn't make any sense, other than as admission of CPT abuse.

If you have completed your degree, you can not just sign up for another degree and work in the same job you worked before. That's not how legitimate CPT works.

Another thing you haven't told us: Is that employer a consulting company? CPT for work at a consulting company is always abuse, because working on some arbitrary project for some arbitrary client can never be an integral part of a curriculum.

[Twisha2506]

Not just some examples.

Pretty much everybody who posts here and works with CPT is abusing CPT.

Your sentence "I have already completed my degree once and the CPT that I am working on is an extension of the same" doesn't make any sense, other than as admission of CPT abuse.

If you have completed your degree, you can not just sign up for another degree and work in the same job you worked before. That's not how legitimate CPT works.

Another thing you haven't told us: Is that employer a consulting company? CPT for work at a consulting company is always abuse, because working on some arbitrary project for some arbitrary client can never be an integral part of a curriculum.

I am following the guidelines as per the ICE website and only after reading all the rules I have started working on a CPT. Here is the CPT guidelines set forth and which I am following it: http://www.ice.gov/sevis/practical-training/      

 

The fact that a school which issues I-20s is a good indication that the USCIS has approved it and the student should attend school full time is the major requirement for an F1 student to be in status. 

 

Lastly I am not defending/arguing my case here, just a question on MTR and for that I had explained my situation in advance. Thus since this discussion has been diverted on to the CPT (for which I am ok as of now) and not the MTR, I guess we could close down the discussion and if I had more questions can I always come back. 

 

Thank you again for that detailed note. 

[Twisha2506]

Thank you everyone for all the feedback provided. Really appreciated. Since this discussion has been diverted on to the CPT (for which I am ok as of now) and not the MTR, I guess we could close down the discussion and if I had more questions can I always come back. 

 

Thanks again!

[JoeF]

I am following the guidelines as per the ICE website and only after reading all the rules I have started working on a CPT. Here is the CPT guidelines set forth and which I am following it: http://www.ice.gov/sevis/practical-training/      

 

The fact that a school which issues I-20s is a good indication that the USCIS has approved it and the student should attend school full time is the major requirement for an F1 student to be in status. 

 

Lastly I am not defending/arguing my case here, just a question on MTR and for that I had explained my situation in advance. Thus since this discussion has been diverted on to the CPT (for which I am ok as of now) and not the MTR, I guess we could close down the discussion and if I had more questions can I always come back. 

 

Thank you again for that detailed note. 

 

Even if USCIS approved it, it doesn't mean that it is legal.

USCIS also approved the CPT for TVU, where people worked at 7-Eleven. USCIS approval didn't make that legal.

You avoided all the questions here.

It is now obvious that you are abusing CPT.

The MTR is unlikely to get approved, because you are abusing CPT. That has pretty much killed your career in the US.

Of course, you are an adult and you are free to kill your career. Just don't come back and whine. You got told what will happen.

[Twisha2506]

Even if USCIS approved it, it doesn't mean that it is legal.

USCIS also approved the CPT for TVU, where people worked at 7-Eleven. USCIS approval didn't make that legal.

You avoided all the questions here.

It is now obvious that you are abusing CPT.

The MTR is unlikely to get approved, because you are abusing CPT. That has pretty much killed your career in the US.

Of course, you are an adult and you are free to kill your career. Just don't come back and whine. You got told what will happen.

If you see at the very top i.e when I started this post, my only question was about whether I can travel during the MTR being in process or not. Also the sole reason for the denial of my H1B petition is not even related as to which school I go to. The only reason that I am not answering any of your question on the CPT here, because I know about the facts that I need to be aware of and the actual reason for this post of mine has been deviated. I have already got a Masters Degree from a reputed School here in the U.S. and I have already worked for BIG 4. (The only reason for not mentioning this before because it was irrelevant to what I wanted to ask) AND Please who comes back and whine on a public forum like this if something goes wrong. (I don't think any adult would do so or even think about it) Next time before you reply to any of the post on this forum, please make sure what is the question being asked and what exactly are you replying. Additional information is always good to know but when you deviate from the actual question is not so cool. 

 

Peace out!

 

Thanks again.

[JoeF]

If you see at the very top i.e when I started this post, my only question was about whether I can travel during the MTR being in process or not. Also the sole reason for the denial of my H1B petition is not even related as to which school I go to. The only reason that I am not answering any of your question on the CPT here, because I know about the facts that I need to be aware of and the actual reason for this post of mine has been deviated. I have already got a Masters Degree from a reputed School here in the U.S. and I have already worked for BIG 4. (The only reason for not mentioning this before because it was irrelevant to what I wanted to ask) AND Please who comes back and whine on a public forum like this if something goes wrong. (I don't think any adult would do so or even think about it) Next time before you reply to any of the post on this forum, please make sure what is the question being asked and what exactly are you replying. Additional information is always good to know but when you deviate from the actual question is not so cool. 

 

Peace out!

 

Thanks again.

 

To answer your question, the information about the CPT stuff is needed.

I get that you don't want to answer that. The implication is that the CPT is fraudulent.

If I as a lay person come to that conclusion, you can be sure that USCIS has come to that conclusion as well.

All your huffing and puffing is for naught. You have been abusing CPT. That's as clear as it can be from your answers.

[Twisha2506]

To answer your question, the information about the CPT stuff is needed.

I get that you don't want to answer that. The implication is that the CPT is fraudulent.

If I as a lay person come to that conclusion, you can be sure that USCIS has come to that conclusion as well.

All your huffing and puffing is for naught. You have been abusing CPT. That's as clear as it can be from your answers.

It is your view point. Information on CPT stuff is needed on the question that I have asked - I agree and I have already conveyed that in my question asked and all the recommendation on it has been given. But since you have already made your point clear of me abusing the CPT here, then I guess you can always move on to answering the actual question which was on MTR and from your replies it seems that you want to hang on to the CPT issue. Your choice! 

 

I get that you want to make your point clear which everyone here on this post has understood- but it seems answering the actual question doesn't fall on to your agenda. You being an advanced member on this forum should at least understand that people appreciate your recommendation (including me) and once you are done with that, please move ahead with the actual question. That is what people will want! 

[rational_me]

OP's question was "

I haven't got a decision and in the case of me leaving the country - will it have any effect on the MTR? Will the MTR process will be cancelled? "

 

I don't see how OP got her CPT is relevant. OP was not asking if the MTR will be successful. Please keep this forum relevant. I see nothing from OP's posts that the CPT was fraudulent. Just because OP declined to answer irrelevant questions does not make it suspect. Frankly, it is nobody's business here. The USCIS is capable of handling that.

[JoeF]

OP's question was "

I haven't got a decision and in the case of me leaving the country - will it have any effect on the MTR? Will the MTR process will be cancelled? "

 

I don't see how OP got her CPT is relevant. OP was not asking if the MTR will be successful. Please keep this forum relevant. I see nothing from OP's posts that the CPT was fraudulent. Just because OP declined to answer irrelevant questions does not make it suspect. Frankly, it is nobody's business here. The USCIS is capable of handling that.

 

May I suggest you follow your own advice. Your lame attempt to fight with me again is irrelevant for this thread.

[JoeF]

It is your view point. Information on CPT stuff is needed on the question that I have asked - I agree and I have already conveyed that in my question asked and all the recommendation on it has been given. But since you have already made your point clear of me abusing the CPT here, then I guess you can always move on to answering the actual question which was on MTR and from your replies it seems that you want to hang on to the CPT issue. Your choice! 

 

I get that you want to make your point clear which everyone here on this post has understood- but it seems answering the actual question doesn't fall on to your agenda. You being an advanced member on this forum should at least understand that people appreciate your recommendation (including me) and once you are done with that, please move ahead with the actual question. That is what people will want! 

 

Since you didn't give the required information, your question can not really be answered.

And since you refuse to give the required information, the conclusion is that you abused the system. If you want me to come to another conclusion, provide the appropriate information.

Until then, I stand by my assertion that you broke the laws of this country.

[JoeF]

It is always the same:

Some people think they can abuse the system, and when called out on that, become belligerent (or defensive), and eventually, somebody who has not participated in the thread at all all of a sudden feels compelled to criticize me for no reason whatsoever except that the person doesn't like my blunt style of posting.

I have the ability to find the weak spots in anybody's story, the stuff that they try to hide, and that weak spot is the root of their problems. I point out these problems and will continue to do so, even if somebody doesn't like it.

In the end, knowing the root of the problem helps the person who is asking the questions, even if the person doesn't see it yet.

[Twisha2506]

Since you didn't give the required information, your question can not really be answered.

And since you refuse to give the required information, the conclusion is that you abused the system. If you want me to come to another conclusion, provide the appropriate information.

Until then, I stand by my assertion that you broke the laws of this country.

All the information is provided here, none has been not answered. I have got my answers not from you but ofcourse from a more reliable source. I thought this is a public relevant forum- but I guess was wrong. Even I saw a couple of other posts of yours wherein you have brought upon the very same thing (CPT) for no reason. I guess you have been badly suffered by it. Please get your facts and be more relevant the next time. Also I would like to give you a suggestion- Go ahead and start writing a blog on the issues which you think are more relevant to the U.S. immigration system and I think that will help people not only on this forum but everywhere else.

 

As of now I have got my answers and please try to be more specific and relevant the next time when you answer AND please try to back out a little when a person doesn't share irrelevant information due to deviating from the actual post (WHICH JUST HAPPEN WITH ME) I would appreciate no more posts from your side. Thanks!

[JoeF]

It is always the same:

Some people think they can abuse the system, and when called out on that, become belligerent (or defensive), and eventually, somebody who has not participated in the thread at all all of a sudden feels compelled to criticize me for no reason whatsoever except that the person doesn't like my blunt style of posting.

I have the ability to find the weak spots in anybody's story, the stuff that they try to hide, and that weak spot is the root of their problems. I point out these problems and will continue to do so, even if somebody doesn't like it.

In the end, knowing the root of the problem helps the person who is asking the questions, even if the person doesn't see it yet.

 

And an addition to that:

When the person gets belligerent or defensive, the person starts whining about "public relevant forums" and wishes "no more posts", as if the person would have any say in that (only the forum owner has the rights to lock a thread.)

This thread serves as a perfect example for the reaction of people who have abused the system.

QED.