Please help me out here with your suggestions. I applied for H1B premium this year in Masters quota and my application got picked up in lottery. I was unlucky last year and got back my packet from USIS as the quota reached limit, when i was in OPT extension (till december 2012). So to be in staus, I had to change my current job in mid west state and relocate to another job in Boston just to maintain CPT status, to attend weekend classes also got enrolled into MBA at Goldey beacom, Delaware.
Now i got a RFE query from USIS on my H1B application, questioning CPT status, stating how i'm managing to attend full time school while living in Boston and attending GBC in Delaware..
To prove my case, got all the necessary documents like transcripts, fees paid receipts, proofs for traveling once in 2 weeks to school, but the below ones are tough queries and college is not co-operating in providing an appropriate answer to these questions..
1. Evidence that immediate participation in CPT is required for graduate studies.
2. Evidence that current major/studies + CPT is an integral part of the degree program.
Answer from school is as follows..
Enrolled in one credit CPT internship, that integrates studies with work, which allows student to have practical experience, [b]which is not required for the course!![/b]
My attorney is freaked out and says we might face major issues with USIC if we forward such kind of document..Could you guys please suggest if any of your friends had this kind of question and how they overcame this situation, if you have any suggestions to tackle this problem..
Same response what I told another poster here:
It seems your school knowingly broke the rule. How can they issue CPT when they know it is not required for the course. Such schools often use it to attract immigrant students and then ruin your career. May be its too late for this question, but didn't anyone advice you to stay away from schools that offer CPT from day 1? They are just diploma mills.
Thanks for your updates Sourabh, about granting CPT from day 1, International students can avail this CPT from day 1 facility if they already have a MS degree in US. My attorney suggested me that to write a summary on how having practical experience helped in school, he feels it might avoid some problems.
My understanding is that CPT is always related to your current course/program. This holds true irrespective of whether it is your first MS or second. Are you sure about CPT from day 1 for folks who have done MS in US? Did the school tell you that or your attorney?
I remember having issues while i was transferring my Sevis from my old school to GBC, the adviser at GBC spoke to my international adviser in the old school about this…stating that they can grant Full time CPT from day 1 if i already had a MS degree in US.
Any updates on your case?
It is not an issue as GBC is very good accredited college. They provide CPT only if you complete 1 full year in USA. I got the same RFE and answered with transcripts, fees receipts, agreement with employer and the H1 got approved.
But GBC always gives letter that it is not mandatory which 90% of officers understand that CPT is not part of the course…
In fact you need to get a letter that CPT is integral part of course but not a mandatory to get MBA degree.
Update me your status or mail me at ashdev805 at gmail
Dear RKUSA, I got same RFE and unfortunately my lawyer doesn’t know what to do. We are having problem with “agreement with employer and university”. Also, they are asking for “evidence that immediate participation was required”. Do you have any sample that can help us? I really need it…
If any one is from GBC( Goldey Beacomm-DE) and if you got any RFE for CPT or Change of Status,
please do not worrry about it. Do the following and do not worry about the college.
i) GBC is accredited and non profit oriented and very established.—>So no worries about college like others who faced the issue.
ii) Now GBC is giving new letter format and USCIS knows about the college reputation. All classes are conducted onsite and good reputation for MBA and IT.
iii) Many times USCIS thinks that responsibilities might not be matching like IT roles. Do not worry about it—>Add additional points by your attroney that you are doing MBA in IT and Programming/IT management is part of it.
iv) with new letters, most of the people got COS also approved…
v) In worst case if COS is denied but H1 is approved, go for MTR which will take 2-3 months…or you can go for stamping to India and mean while you can continue on CPT…
So do not worry much about it but focus on job/client letters to be stron and make sure that all tax returns and pay slips should be correct…
Most of them are going to stamping to their home country as in COS denied cases, they are getting consular action is needed. But no worries hee…
If you need any help just mail at ashdev805 at google email. I will reply to your questions as i went through most of the story and want to help others here.
I have seen at-least 4 cases of H1B rejection because of CPT abuse. USCIS will surely take note of this. Thanks a lot!
The letter I got says i did not maintain status at some point of time because I was on CPT or dropped course load in the begining. I had same workload as a full time student from the day i started. … Regardless I fear we are going to have lot of issues in stamping. I wonder what could be the issues. Can they deny you a visa because you worked on CPT? Lot of questions are unanswered?
Your best bet would be to talk to a good immigration lawyer.
The problem with GBC is that there are so many people joining it for CPT from day 1. Did you do that? Did you get CPT before your two semesters were over? Then you might really be in problem
Since so many people are doing that GBC has come under USCIS scanner and I am sure one day you will hear some thing like Herguan, UNVA and trivalley. Even if you get H1 approved stamping will attract 221g.
Dear snow winter,
please reply with your email id. As you are saying that they will attract 221g. There are people who went to stamping and got it without any issue.
Here are the following.
They are offering CPT only for those who already did education in USA which is completly legal for many unviersities. Even NewYork Buffalo state university does it and my colleague did it while attending evening classes.
ii) USCIS officials verified that GBC is accredited and every thing is fine.
iii) The letter provided by GBC is acceptable format to USCIS and initially USCIS does not have much clarity on majors about CPT.
iv) All applicants that went to vermont one officer/two officers only got it.
Now most of the H1’s are getting approved and some COS are getting denied as the roles mentioned may not be matching with MBA. But they are doing MBA IT which you can file with Motion to Re-open with a detailed explanation.
So if you have strong reason to say why they will reject or suggestions, then only post your comment.
I sincerly request you not to discourage or freighten other members of community as they are alreay spending huge money for MBA.
Please provide your valuable suggestions if you have to get it stamped.
I am not trying to scare people I am just stating the fact!
Its not about GBC’s accreditation its about F1 rules abuse.
CPT from day one is something that is not legal ( even if 2nd masters). Doing MBA-IT for only CPT reasons will result in more RFE, Denials and 221gs. Many people are getting RFE is a good indicator that the college is under USCIS radar! Same things happened to UNVA. Just because your H1’s are getting approved now does not mean your extensions, visas will get approved in future.
I am just making people aware to stay away from such institutions which offer CPT from day 1 which would ruin their US careers. If you have taken up CPT after two semesters you need not worry.
I am in stressed situation with queries in CPT extension at GBC and also H1b RFE. Don’t want to confuse you with two different RFEs at same time but for now I am describing my CPT scenario and hoping for some help if you can.
Same as most cases I couldn’t make for last year H1b quota and end up with admission in GBC. I got my initial CPT approved till 25th august 2013 which got expired now. So, I have applied for CPT extension with all required documents but GBC raises concern in my employer letter and they have put my CPT extension on hold. Somehow I have addressed majority of queries raised by GBC and only left with two questions for which they are not expecting any proof just an email confirmation from me.
Below is exact questions that I have to answer them, now I am confused answering those two questions because the employer letter which I submitted doesn’t mention anything about my end client. It states that I am working at my employer’s location located in NJ. But in fact I am working as an contractor for a client in california. So, if you have faced same thing or have any idea how I should answer those please guide me.
Question from GBC:
The Dean is requesting additional information about your CPT.
- Will you be traveling to any clients for your job? If so, where?
- Will you be working remotely for this job?
Your written (email will suffice) confirmation to the above questions is required before approval can be granted for your CPT request.
Please, reply as soon as you can, as currently due to hold on my CPT I am not able to work since 25th Aug and also have same RFE for H1b described in this blog.
In my point of view, every College can provide CPT only if the student is working within the region alloted to them. For example. GBC college in Delaware, can only provide CPT to students, who are going to work within 120 mile radius from the college. So, I am sure your dean want to make sure you client location is within the university radius.
Problem is that GBC is already on USCIS radar.
Clearly the situation mentioned above is misuse of F1 and mind it ,it is fraud. F1 is meant for studying and not for working.
This misuse will come in your history and jeopardize your future in US.
GC processing, is very strict now a days. Why take such a risk!
Didn’t we learn anything from UNVA, Tri-valley Herguan. I know GBC is accredited but why are so many getting RFEs on illegal CPT?
I am doing masters in GBC and got same kind of RFE questions last week. I want to know the status of rfe case for Hsekar and any advice from the members.
Can you please inbox me your contact details ASAP. I am in the same boat and would really appreciate any guidance/help in this regard.
If abused the CPT to work, got the H1B approved, however 221g refused when stamping, can I go to stamp as a H4? it that the abuse CPT and the fraud university thing will impact my H4? I know I may never get H1 in the future, but I do not know whether it impact H4 or not? Also before H4 stamp, should I wait my company get the H1 petition revoked?
Your reply will be highly appreciated.