DELAYED OPT, CPT to H1B

Poojithakalvala

By Poojithakalvala,
in Student Visas

Recommended Posts

Poojithakalvala Newbie

Poojithakalvala

Posted
Posted

Hello,

 

I am currently on my CPT and working as an engineer fulltime in a company. My CPT is ending April 5th,2016. I applied for OPT with a start date of April 6th and my case was received on Jan 21,2016. My company HR asked me to stop working on April 5th till I get my OPT EAD. I am not sure if my EAD will be show up within two weeks. I have a question here, my company is filing my H1B on April 1st 2016 in general category as I did not graduate yet( graduating in April last week). In this case, can I continue working after April 5th, as my H1B decision will be pending? I am not sure about this rule, In case yes, I can inform my HR and make them aware of it.

 

Thank you for your reply in advance.

 

Regards

 

P.K

Link to comment
JoeF Advanced Member

JoeF

Posted
Posted

This looks like CPT abuse.
CPT is only for work as integral part of the curriculum, e.g., for an internship required for a class. It can't be arbitrarily extended.

And a pending H1 does NOT give you any right to continue working. H1s would only start by Oct. 1, anyway.

And you may not even get OPT or H1, due to the CPT. This stuff is a big red flag nowadays.

Link to comment
JoeF Advanced Member

JoeF

Posted
Posted

@shekar11#

 

Thank you.

 

@JoeF

 

When I said fulltime I meant 40 hours. It is a part of my curriculum, I have taken 3 project credits in semester for this and I have to submit a report of this. And total CPT is not even close to 6 months. Anyhow thank you for your reply.

 

Hmm, that still looks like CPT abuse.

A project that requires an internship I can see, but three projects all requiring the same internship??? That looks like arbitrary work, not like a legitimate case for CPT.

So, I stand by my assessment that this seems to be CPT abuse.

Link to comment
JoeF Advanced Member

JoeF

Posted
Posted

In addition, you said you are "working as an engineer fulltime in a company". That's not possible with a legitimate CPT.

CPT is for work as an integral part of the curriculum. That means for internships and the like, not as an engineer, or any other position for a graduate.

It is obvious that you are abusing CPT. That will result in lots and lots of problems for you, up to a denied H1.

Why do people still abuse CPT, 5 years after TVU???

Link to comment
JoeF Advanced Member

JoeF

Posted
Posted

I cannot help if you see as an abuse. It's not three projects requiring one credit each...it is one project requirement for three credits. Anyway thanks for your assessment.

 

Still abuse. You have to maintain a full course load, that means 9 credits at least.

How do you do that if you work 40 hours?

And work as an engineer, not in an internship?

If I, a lay person, thinks it is abuse, you can be pretty sure that USCIS examiners will of course be able to see past the smokescreen you are trying to put up.

Link to comment
JoeF Advanced Member

JoeF

Posted
Posted

I cannot help if you see as an abuse. It's not three projects requiring one credit each...it is one project requirement for three credits. Anyway thanks for your assessment.

 

If you can't even convince me, a lay person, and just punt, how would you convince a USCIS examiner that this isn't CPT abuse?

If it looks like CPT abuse to me, it will look even more like abuse to a USCIS examiner.

CPT is not for working as an engineer, what you said you are doing.

This reminds me of the TVU owner trying to claim in an answer to me on a forum that the TVU "students" working at a 7-11 as clerks were "learning management skills"... That person is now serving a 16-year sentence...

Abuse of CPT like what you seem to be doing is nowadays killing the future in the US.

Link to comment
Poojithakalvala Newbie

Poojithakalvala

Posted
  • Author
Posted

I am not sure what case you are taking about, but as far as my knowledge goes an engineering graduate will work as an engineer when he is CPT or OPT or H1. I am confident that I am not abusing the system.  Yeah, I agree that it is hard to convince a layman compared to convincing an official who is knowledgeable of system and rules. Dude, I am not arguing with you or trying to convince you. FYI.. its mandatory graduation requirement of my school to complete a project with three credits. If you are assuming I am CS guy working as a programmer through a consulting firm you are 100% wrong.

Link to comment
Poojithakalvala Newbie

Poojithakalvala

Posted
  • Author
Posted

I did not say I was a full time student during CPT. I took only 3 credits for my entire semester during CPT and not a fulltime student I was eligible for 40 hours as I completed all my course requirements in previous semesters. I see your analysis is based on lot of assumptions. I am not sure what point you are trying to make here. If you feel my case is an abuse, I really don't mind. Thanks for your analysis and your clarification of H1B point.

Link to comment
JoeF Advanced Member

JoeF

Posted
Posted

I am not sure what case you are taking about, but as far as my knowledge goes an engineering graduate will work as an engineer when he is CPT or OPT or H1. I am confident that I am not abusing the system.  Yeah, I agree that it is hard to convince a layman compared to convincing an official who is knowledgeable of system and rules. Dude, I am not arguing with you or trying to convince you. FYI.. its mandatory graduation requirement of my school to complete a project with three credits. If you are assuming I am CS guy working as a programmer through a consulting firm you are 100% wrong.

 

On CPT, you are not a graduate, so how can you work as engineer if you haven't graduated?

CPT means CURRICULAR Practical Training. It is ONLY for work as integral part of the curriculum, e.g., if a class requires an internship.

It is not and has never been for doing work that a graduate would do.

Hence, you working as an engineer on CPT clearly looks like abuse of CPT.

And this has nothing to do with CS or anything else.

You can not work as an engineer on CPT. You said that you work as an engineer, so basic logic then means that you are abusing CPT. I hope you learned logic sometime in high school...

An internship can be a requirement for graduation, working as an engineer would only be possible past graduation.

And if you don't know about TVU, you must have been hiding under a rock for the last couple of years. Even the Indian government got involved at that time...

Link to comment
JoeF Advanced Member

JoeF

Posted
Posted

I did not say I was a full time student during CPT. I took only 3 credits for my entire semester during CPT and not a fulltime student I was eligible for 40 hours as I completed all my course requirements in previous semesters. I see your analysis is based on lot of assumptions. I am not sure what point you are trying to make here. If you feel my case is an abuse, I really don't mind. Thanks for your analysis and your clarification of H1B point.

 

On F1, you have to be a fulltime student. You can't just take 3 credits only.

In addition to CPT abuse, you are not maintaining F1 status.

Thanks for confirming that you are indeed abusing CPT.

It is very likely that any H1 application would get denied.

Link to comment
JoeF Advanced Member

JoeF

Posted
Posted

When you are on F1 during your final semester you can go on reduced course load. You need to be a fulltime student if you are on reduced course load. Get your facts right before making a outright statements.

 

That doesn't mean that you can replace your course load with CPT. That is CPT abuse.

Link to comment
JoeF Advanced Member

JoeF

Posted
Posted

*you need not to be a fulltime student during reduced course load - typo

 

But you need to be for CPT.

You can not use CPT to spend your time working instead of studying.

Reduced course load is for having time to finish the thesis, not for working.

Link to comment
JoeF Advanced Member

JoeF

Posted
Posted

And in any case, CPT is for an internship or practicum, not for working as an engineer, what you are doing.

That alone indicates abuse of CPT.

And a reduced course load and working fulltime on CPT doesn't quite fit with each other.

3 credits do not equate fulltime work.

So, which is it, fulltime work or reduced course load?

Your fulltime work is quite obviously abuse of CPT.

Link to comment

Archived

This topic is now archived and is closed to further replies.

Go to topic listing