OPT Issue

[Abhishek Barla]

I'm doing my BS in Electrical Engineering and will graduate in Dec 2014.
I have taken a semester ( Aug - Dec 2013 ) from my curriculum to return to India for personal reasons. Now, I am coming to USA on a new I-20 from Jan 2014.
Also, my visa expires on May 31, 2014
Please help in the following questions:

1. When I come on a new I-20, I cannot take up CPT or OPT until I attend 2 full semesters of college, right? So, (Jan-May 2014) and (August-Dec 2014) will be my two semesters. If I apply for OPT in Fall 2014, will I get it by the time I graduate in Dec 2014?

2. I'd like to do an internship during (May-August 2014) but since my visa expires in May 2014, I don't wanna risk going out of the country. But since I'm on a new I-20, I cannot take up CPT. Is there any other type of Visa that I can take for Summer 2014 and do my internship and then continue on my I-20 from Aug 2014?

3. I also have the option of graduating in July 2014. But since I will not be eligible for OPT, H1B visa is my only option to work in the country. Being a BS student, is it possible for my to get H1B sponsorship without OPT?

4. If I graduate in July 2014 and take up Masters right away from August 2014, can I take up CPT from Dec 2014 ? ( I'll just be done with my first semester in MS by then)

Any help will be greatly appreciated!
Thanks!

[DesiOPTForumAdmin]

Hello Abhishek,

Regarding- 1. When I come on a new I-20, I cannot take up CPT or OPT until I attend 2 full semesters of college, right?

How many semesters have you attended so far? Have you checked with your DSO on eligibility of CPT/OPT since you have done few credits with them?

Regarding-2 2. I'd like to do an internship during (May-August 2014) but since my visa expires in May 2014, I don't wanna risk going out of the country. But since I'm on

a new I-20, I cannot take up CPT.

Please confirm this with your DSO as well.

[DesiOPTForumAdmin]

Regarding OPT- Please read this article

http://desiopt.com/include/themes/custom/article-Types-of-OPT.php

http://desiopt.com/include/themes/custom/article-Eligibility-for-OPT.php

http://desiopt.com/include/themes/custom/article-When-to-apply-for-OPT.php

[DesiOPTForumAdmin]

Regarding CPT- Please read this article

http://desiopt.com/include/themes/custom/Curricular-Practical-Training-guidelines.php

[DesiOPTForumAdmin]

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[DesiOPT-FaceBook-Fan]

1. Yes, but there are some colleges which offer cpt from day 1 but not good to prefer
2. Visas are only for entry. You need valid I-20 and I-94. You need to check with the DSO about enrollment requirements for this internship. There should be some payments to the university required to maintain your enrollment at the required level.
3. As long as you have valid I20 you are legally here, say your VISA expired on June 2013 and your I20 states you possess till dec then you are on status legally till Dec. You are eligble for OPT too.
4. Well it depends on college. Some offer CPT after 2 semesters of course work

[DesiOPT-FaceBook-Fan]

1 printing new I20 does not cause that .. u are eligible for.both opt and cpt as normal student ..
2 as long as u.have valid status u r fine .. visa is needed only at port of entry..
3 you are eligible for opt check with u r dso...
4 you can find universities

[DesiOPT-FaceBook-Admin]

Students - Returning to the U.S. from Travel Abroad (5 months or More)

-Students who leave the U.S. for a break in studies of five months or more may lose their F-1 or M-1 status unless their activities overseas are related to their course of study.
-In advance of travel, students may want to check with their designated school official, if there is a question about whether their activity is related to their course of study.
-When the Customs and Border Protection (CBP) immigration inspector at port of entry is presented a previously used, unexpired F-1 or M-1 visa by a returning student who has been outside the U.S. and out of student status for more than five months, a CBP immigration inspector may find the student inadmissible for not possessing a valid nonimmigrant visa.
-CBP may also cancel the visa after granting the student permission to withdraw the application for admission.
-Therefore, it is prudent for students to apply for new visas at an embassy or consulate abroad prior to traveling to the U.S. to return to their studies, after an absence of more than five months that is not related to their course of study

Source & More:http://1.usa.gov/Hut5z0

Student Visa Validity Following a Break in Studies
travel.state.gov
Students who are away from classes for more than five months can expect to apply for and receive a new F-1 or M-1 student visa to return to school following travel abroad, as explained below.

[DesiOPT-FaceBook-Admin]

Check this link - http://www.nafsaregionxi.org/.../mat...nloads/opt.pdf