As of late I have wound up routinely talking with customers on the advantages and disadvantages of taking day 1 CPT to empower an understudy to keep working. The normal situation is the point at which an understudy has depleted their OPT/STEM OPT alternatives and needs to keep working for a similar manager. There are a bunch of Universities offering…
My own view is that day 1 CPT is certifiably not a smart thought and those that have either taken it or are thinking about it are truly risking their future in the US. CPT should be scholarly and isn’t expected to permit an understudy to just keep working. Most Universities don’t permit work in the principal year by any stretch of the imagination. This applies to outside understudies as well as to US residents. Reading for a degree isn’t simple and it unquestionably ought not be conceivable to work a 40 hour week while considering. Nonetheless, this is actually what day 1 CPT is empowering understudies to do.
So for what reason are a few Universities offering this as an alternative? Well above all else, note that most Universities don’t offer day 1 CPT. How about we take a gander at what the guidelines really state:
8 CFR 214.2(f)(10)
(10) Practical preparing. Functional preparing might be approved to a F-1 understudy who has been legitimately selected on a full time premise, in a Service-affirmed school, college, studio, or theological college for one full scholarly year. This arrangement additionally incorporates understudies who, during their course of study, were taken a crack at an examination abroad program, if the understudy had spent in any event one full scholarly term tried out a full course of study in the United States before concentrating abroad. An understudy might be approved a year of down to earth preparing, and gets qualified for an additional a year of viable preparing when the person changes to a higher instructive level. Understudies in English language preparing programs are ineligible for down to earth preparing. A qualified understudy may demand work approval for commonsense preparing in a place that is legitimately identified with their significant zone of study.
So qualification for CPT requires the fulfillment of 1 full scholastic year which essentially implies 2 semesters. This is the reason most Universities are not offering day 1 CPT. No place in the guidelines will you discover reference to day 1 CPT. The Universities that are offering day 1 CPT have seen a gigantic increment in their enlistment in the previous scarcely any years since they have recognized a need of a specific gathering of individuals. They have explicitly structured projects to cook for International understudies who have depleted different choices for work.
Because the University has given an I-20 approving you to take day 1 CPT doesn’t imply that it is appropriately approved according to USCIS.
The two Universities I have gone over most as often as possible are University of Cumberlands and Campbellsville University. The greater part of the understudies that I have spoken with who have selected at one of these Universities, have just finished 12 to three years of viable preparing and have enlisted as a last choice so as to keep working.
So what are the consequences of taking day 1 CPT?
Suppose for instance that you are an understudy who has taken day 1 CPT as of January 7, 2019. You plan to apply for a H-1B in FY 2020. Your application gets documented on April 1, 2019 and USCIS issues a RFE on state July, 1 2019. The RFE gets reacted to with all the essential reports and you get a choice in state September, 1 2019.
Regardless of whether USCIS supports the appeal, they deny your solicitation for a difference in status from F-1 to H-1B on the premise that you have taken day 1 CPT, which they consider to be an infringement of your F-1 status. This implies you would need to leave the US and go for visa stepping so as to return in H-1B status.
In any case, taking into account the unlawful nearness notice gave on August 9, 2018 understudies can gather unlawful nearness when they neglect to keep up their nonimmigrant understudy status. You are currently out of status and in light of the fact that unlawful nearness collects from the date of the infringement you have gathered unlawful nearness from January 7, 2019, the day you took day 1 CPT. This implies you have collected 237 days of unlawful nearness (January 7, 2019 until September 1, 2019). You are presently dependent upon a multi year bar when you leave the US. At the point when you go to the Consulate to get your H-1B visa stepped you will be denied a visa on the premise that you are dependent upon that multi year bar. Suppose it takes USCIS considerably longer to give a choice. You get this on January 8, 2020. Presently you have over 1 year of unlawful nearness and you are dependent upon a multi year bar. Any fantasy about living and working in the US is presently finished.
As should be obvious from the above model, taking day 1 CPT messes more up that it fathoms. In this previous year I have seen different disavowals from USCIS on this issue, which is the reason I need to educate people regarding the perils of taking day 1 CPT.
The other inquiry I get every now and again posed is whether in the event that I concentrate for a second Master’s qualification, having taken OPT on my first Master’s certificate, regardless of whether I can take CPT on the off chance that I complete two semesters. Despite the fact that this isn’t day 1 CPT, the guidelines likewise express that somebody who has completed a year useful preparing is just qualified for additional pragmatic preparing in the event that they move to an advanced education level. This implies somebody who has finished OPT on their first Master’s would possibly be qualified for additional viable preparing in the event that they concentrate for a PhD. In the event that you are thinking about taking day 1 CPT, at that point reconsider. Is it extremely worth imperiling your future in the US to keep working? On the off chance that you have just taken day 1 CPT, at that point talk with an accomplished Immigration Attorney ASAP. On the off chance that you took day 1 CPT on or preceding August 9, 2018 then there is a decent possibility you have abused your status and are accumulating unlawful nearness. 180 days from August 9, 2018 is February 5, 2019. The multi year bar is activated by having collected over 180 days of unlawful nearness, however under 1 year. This way to keep away from a multi year bar you have to leave by February 5, 2019. Be that as it may, to dodge a distinction of sentiment with a Consular official regarding the specific date I suggest leaving by February 4, 2019.
On the off chance that you have perused the abovementioned and are thinking about whether all CPT is unlawful at that point don’t worry. CPT taken under the correct conditions is completely legal and won’t bring about an infringement of your F-1 status. On the off chance that you have finished 2 semesters and are attempted a temporary position, for instance in the late spring, utilizing CPT to empower you to apply the information from your course to a progressively viable setting, at that point there is nothing amiss with this by any means. This is expecting this is your first commonsense preparing and isn’t being taken as a major aspect of a second Master’s qualification as depicted previously.