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Thread: Day1 CPT

  1. #1

    Day1 CPT

    Hi, I am currently on stem opt which is ending in January, is there anyrisk in taking day1 cpt as per new rules which came on Aug 9th.

  2. #2
    Your message was posted anonymously on our Facebook wall at https://www.facebook.com/desiopt1/posts/2327022063981816 13th August - Please review comments from other users

  3. #3
    I have the same question.. Also as an extension, I'm wondering if Day 1 CPT is advisable if I do NOT plan to apply for H1B, but instead am just buying time till I marry my American girlfriend?

  4. #4
    No one is clear about this rule. Better check with attorney before taking any decision.

  5. #5
    With all due respect, we believe the USCIS memo was quite clear. The memo addresses when the government will consider F, J, and M non-immigrant visa holders to begin to accrue unlawful time in the U.S. The situations presented are not new, but USCIS is clearly stating the timelines in which they will compute unlawful time in the U.S. The memo is 13 pages long and I won't post the entirety of it here. If you PM me, I will provide a link to it, because the moderators prefer not to have external links posted in the comments. It is publicly available on the USCIS website.

    I will point out that OPT is only mentioned once, in the context that USCIS will NOT consider an F-1 to be accruing unlawful presence while the "F-1 nonimmigrant’s application for post-completion Optional Practical Training (OPT) remains pending."

    CPT is never mentioned at all in the USCIS memo.

    The risk is timing the transition between OPT and starting the new school. However, that is not new at all. USCIS is just removing doubt as to the government's position.

    Day 1 CPT has been, and will remain, an avenue to study (and work) in the U.S.

  6. #6
    Quote Originally Posted by DesiOPT-FaceBook-Fan View Post
    With all due respect, we believe the USCIS memo was quite clear. The memo addresses when the government will consider F, J, and M non-immigrant visa holders to begin to accrue unlawful time in the U.S. The situations presented are not new, but USCIS is clearly stating the timelines in which they will compute unlawful time in the U.S. The memo is 13 pages long and I won't post the entirety of it here. If you PM me, I will provide a link to it, because the moderators prefer not to have external links posted in the comments. It is publicly available on the USCIS website.

    I will point out that OPT is only mentioned once, in the context that USCIS will NOT consider an F-1 to be accruing unlawful presence while the "F-1 nonimmigrantís application for post-completion Optional Practical Training (OPT) remains pending."

    CPT is never mentioned at all in the USCIS memo.

    The risk is timing the transition between OPT and starting the new school. However, that is not new at all. USCIS is just removing doubt as to the government's position.

    Day 1 CPT has been, and will remain, an avenue to study (and work) in the U.S.
    Well Said & true.

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