Saturday, November 14, 2015

Be careful if you are using CPT!

During the time when H4 did not have an EAD, one of the options of those who wanted to get an education and work was to use a student visa and ultimately get an OPT (Optional Practical Training). During the school courses, one option which has been common is the use the CPT (Curriculum Practical Training) to get experience through work while completing a degree. This option is quite useful in many fields where practical training are part and parcel of the industry.

Adapting to this situation, many schools have successfully converted their curriculum to accommodate such needs and ultimately become CPT day-1 issuers. Many F1 students have opted for this option. Eventually some of the students who are eligible for a CPT who are now not willing to continue their studies on F1 and who are eligible for the H4 visa EAD, have decided to change status to H4 and an EAD. During the process, many cases are being hit with requests for evidence (RFEs) requesting the applicants to explain the eligibility for CPT.  USCIS is also requesting some to explain how the CPT employment was obtained and the school to explain why a CPT was required in the curriculum.

While the schools have so far done a good job in explaining the CPT requirements for the courses, it is still incumbent on the applicant to answer the RFE in order to allow a change of status.  Failure to promptly or appropriately answer will result in a denial.  As such we recommend having an experienced attorney help in the case.  So far we have answered many of such cases successfully and we are proud to be able to help. Feel free to call us at 510 742 5887 for any information.