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Saturday, May 10, 2014

Can you Work on CPT from Day 1 in Second Masters in US ?

Can you Work on CPT from Day 1 in Second Masters in US ? USCIS regulations?

CPT working rules for second masters in USA - OPT regulations
As you know H1B Visa 2014 cap was complete and we had lottery this year. Some of you, who have been working on OPT might be considering Options to work in USA, if not selected in H1B 2014 lottery, of going for second masters. Some of the common questions that can arise are like below.
  • Will I get CPT for second Masters after I have used CPT and OPT in first masters ?
  • Can I start working right away on CPT for second masters ?
  • What are USCIS rules for working on CPT in general ?
  • What do most of the schools comply to for giving CPT authorization ?
  • Do I have to be enrolled full time when I am on CPT for second masters ?
  • What happens to my OPT after Second masters, if I use CPT?
Many such questions…Let me take some time shed some light on the above.
Curricular Practical Training ( CPT ) General Rules by USCIS and DHS
It is very important to understand the basics of CPT before we dive in to intricacies of using the CPT.
What is CPT ?  In generalCPT is a type of employment that is given to F1 students, where it is part of academic curriculum or degree program, and required to be done for completion of degree.  Typically it could include supervised field work, any work that is mandated by curriculum for hands on exposure.  CPT is of three to four types, depending on school.
  • CPT Required to obtain degree, which is for specific field training and experience.
  • CPT available as an elective and available as credit towards degree completion
  • CPT given as part of Thesis/ Dissertation for field experience towards research.
  • CPT for co-op programs, generally combining education with practical work experience.
You will have to be enrolled full time in the degree program at school to avail CPT. Also, it is given only after approval from academic department and your DSO will give you a new I20 indicating the same. It will have to be taken every semester as required.  If you do CPT full time for 12 months will lose the option to utilize 12 month OPT, so you have to watch how you use it. Of course, doing part time CPT work will be fine.   Also read : Working options CPT vs OPT on F1 Visa
What are the general requirements for CPT ?
The basic requirement for availing CPT is that you have to be an F1 student enrolled full time in a program for one academic year ( Fall and Spring ).  The only exception to the rule is that, if a program requires internship/field work from first year/semester, then you can take CPT ahead of time. It has to be clearly defined in the program curriculum that internship/ field work is required from first semester.  Also, this has to be approved by academic advisor and DSO/ international student advisor.
Can I work on CPT from day one in my Second Masters ( MS/MBA) from US ?
The basic rules of CPT applies all the time, unless there is an exception as mentioned above that is stipulated by the academic program.  Below is a requirement on CPT document by one of the schools
CPT cannot work from Day 1 - Need two semesters Masters
What about OPT after Second Masters ? Will I get 12 months of OPT ?
Typically 12 month OPT is given for every academic level i.e., one for Bachelors, one for Masters and one for PhD.  If you have used 12 month OPT after MS, then you will not be eligible for OPT for another MS degree. You will  have to progress to higher level. Read full details on OPT rules for Second Masters (MS/MBA) in USA . Also, basic rule of full time CPT for 12 month still applies here, if you have not used OPT before.  You may be eligible for OPT extension, if you degree falls under STEM Category.
What NOT to do with CPT rules by USCIS or ICE ?
As you can see from above the clear goal of CPT is academic and should NOT be abused to continue your existing work. It should NEVER be used as an option to continue employment.  There have been few schools that have abused the CPT and been barred by ICE and USCIS as fraud. Be cautious when someone says that they offer CPT from first semester for all the programs. There are some programs in some schools that mandate CPT from day one as part of the curriculum, but you would have to execute with caution.
Note : You need to talk to Academic Advisor and DSO ( international student advisor) for any of the CPT related questions because, it directly relates to your F1 student status and ICE and USCIS will have a close watch.  Do NOT assume anything by reading the above article as rules always keep changing and there can be subtle variations.
What are your thoughts ?  Any other CPT rules that everyone should be aware of  ?

1 comment:

  1. Can CPT before graduation eligible to apply for H1 directly skipping OPT status ?? Please explain

    ReplyDelete

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