guttisri Posted July 22, 2015 Report Posted July 22, 2015 Hi, I applied for H1 this year and got RFE on my CPT. I'm doing my second masters and working on CPT. As per RFE, I have to submit some documents related to CPT. My attorney has mentioned that once we finish the 29 months OPT during first masters we cannot work on CPT ever. He said it is not legal. So, he said even if we submit the CPT documents for RFE, the visa might be rejected. He suggested me to send the response back to USCIS asking to consider my H1 application as a counselor processing, which means even if my H1 got approved, I have to go outside of the country for stamping to Change of Status from F1 to H1. So my question is, does anyone got the RFE on CPT and was it approved or rejected? If rejected, what was the reason? Any kind of help and suggestions are appreciated. I'm in a dilemma to submit the CPT documents or choose counselor processing. Please advice. Thank you Srikanth
JoeF Posted July 23, 2015 Report Posted July 23, 2015 This is abuse of CPT. You have essentially killed your future in the US.
jairichi Posted July 23, 2015 Report Posted July 23, 2015 Unfortunately you can go for consular processing only if USCIS approves your H1B petition. In your case due to abuse of CPT your H1B petition might be denied.
rahul412 Posted July 23, 2015 Report Posted July 23, 2015 Your attorney is 100% right. What you did is nothing but abuse of F1. You almost killed your work career in US, either your luck or god has to help you now. Don't you know that working in CPT is illegal? BTW what is the name of your university??
zoofi77 Posted July 27, 2015 Report Posted July 27, 2015 not to worry at all. send all the documents that they have asked. Most probably they will approve your h1b if you have a project. As far as CPT is concerned they will deny your change of status. i had the same case. so you should be ready to leave the country as soon as you get the decision by the USCIS. If it is approved change of status and H1b then u are good tro go. do whatever you would like to do. If they come with denied change of status then leave right away. there is 101 % chance that you will be stamped. embassy officers dont even bother about CPT or change of status if you leave soon. Just get ready to make the decision. Think about things that you would need to do if you have to leave the country. best of luck....
rahul412 Posted July 27, 2015 Report Posted July 27, 2015 not to worry at all. send all the documents that they have asked. Most probably they will approve your h1b if you have a project. As far as CPT is concerned they will deny your change of status. i had the same case. so you should be ready to leave the country as soon as you get the decision by the USCIS. If it is approved change of status and H1b then u are good tro go. do whatever you would like to do. If they come with denied change of status then leave right away. there is 101 % chance that you will be stamped. embassy officers dont even bother about CPT or change of status if you leave soon. Just get ready to make the decision. Think about things that you would need to do if you have to leave the country. best of luck.... I agree with you, sometimes vo doesn't care about CPT. But this abuse will be in the systems, so it will come back and bite you one day for sure.
pete_b Posted May 4, 2017 Report Posted May 4, 2017 Hi. Sorry for digging this topic out from the past but I wanted to ask about situation above. Why was the case described a CPT abuse? Is it because he used CPT after using 29 months of OPT which is not allowed? I am not STEM student, just "regular" master graduate in United States and have used 12 months of my OPT and got not selected in H1B visa lottery this year. But as far as I know this does not forbid me from using CPT some time in the future in future if I decided to do my second masters degree. I will be relocating to Europe soon (June), but am considering starting my second masters degree in the Fall 2017 (actual real university with strong brand and tradition, not a scam school aimed to cheat USCIS on immigration and squeeze money from international students) and after 1 year of full-time enrollment in the school (school has 1 year of full time enrollment requirement for CPT), so in the Fall of 2018, I would like to consider starting full-time CPT internship or full-time CPT work experience at new, different employer than my current employer (as far as I know full-time work on CPT is also allowed if program allows it and if it is relating to the field of study - it doesn't have to be internship, it can be work in related field). My question is as following: In situation like above, where I would move back to Europe before starting my second degree in United States, where I would have 12 months of full-time student status before starting my full-time CPT and where there would be more than 12 month gap between end of my OPT and beginning of my CPT - does in situation like that, me working on CPT could be considered F1 student visa abuse in any way by USCIS? And if so, why?
JoeF Posted May 4, 2017 Report Posted May 4, 2017 CPT is not for working in some arbitrary job. It is only for working as integral part of the curriculum, e.g., for internships required by a class.
tirumalaiah Posted August 14, 2018 Report Posted August 14, 2018 Hi, I am also the same scenario but my RFE question is about my CPT major is related to course i have taken during the course (CPT is/ was an integral part of course) my employer asking me to leave country now so that they wanted to submit My I-94 to USCIS and asking for consular process so please suggest is it ok to travel? I asked my employer about without leaving the country he said they might transfer case to ICE. so please help me! Thank you so much.
ramyasai Posted February 6, 2019 Report Posted February 6, 2019 HI, What happened to your rfe? Did you get approval? If so, how did you handled the case and answer
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