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Thread: Is Day1 CPT still an option after expiration of STEM OPT?

  1. #1

    Is Day1 CPT still an option after expiration of STEM OPT?

    I am currently on STEM OPT which is expiring in Dec 2018 and working for an employer, however, my current employer is worried about my work authorization after the expiration of my current OPT status. I told him that I have an option of applying for Day 1 CPT starting in next spring, but he said that Day 1 cpt has been abolished by USCIS. I, however, could not find any resources online regarding this news and would like to confirm how far this is true. And what are the other options if not Day 1 CPT to maintain the work authorization?

  2. #2
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  3. #3
    Your message was posted anonymously on our Facebook wall at 1st August - Please review comments from other users

  4. #4
    Not true at all. A recent USCIS memo addressing unlawful presence may be the beginning of this rumor. The memo says that F-1 students who fail to maintain their status on or after August 9, 2018 will start accruing unlawful presence on the earliest of any of the following: -The day after they no longer pursue the course of study or the authorized activity, or the day after they engage in an unauthorized activity; -The day after completing the course of study or program, including any authorized practical training plus any authorized grace period; -The day after the I-94 expires. None of these conditions mention Day 1 CPT schools. If your OPT has expired, you have 60 days to depart the US. On the 61st day, you begin to accrue unlawful presence. CPT is, by definition, an authorized portion of your course of study. So the short answer to your question is; Yes, Day 1 CPT is still an option for work authorization after the expiration of STEM OPT.

  5. #5
    Depends when your day 1 cpt is starting. If there is a gap between expiration of opt and start of cpt it is a problem

  6. #6
    Day 1 CPT has certainly not been abolished, but there is a lot of confusion about the program and a conflict of interpretation between DSOs and USCIS regarding whether someone who has already competed OPT is eligible for Day 1 CPT.
    You may want to talk to an attorney.

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