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Working CPT vs OPT in America as Student

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Everyone, who wants to come to US or is already here as a student, wonder : can I work as a student legally? If so when ? How should I work after I graduate( before I have employer to sponsor my visa) ? We are so excited to work and mint money…significant number of us are here to work and make those dream dollars :-)
If you are a student in F1 visa, you can work after 9 months after entering US. It is called Curricular Practical Training (CPT) . After you graduate you can work on Optional Practical Training (OPT) .

Differences between OPT and CPT :

CPT : You can work after 9 months( one academic year i.e, Fall & Spring) after entering US. You have to work with the school to get CPT. Typically you get credit for working in CPT. It is legally working for a potential employer who is giving you an opportunity to prove yourself. Typically it is called Co-op or Internship. You can get paid in CPT. You might have to work with the career services at your school too sometimes. Some schools do not allow CPT if you not in the local city. You can only work in CPT until you graduate. You should not work more than 12 months (full time) in CPT. If you do so, you will not get your OPT. So, be careful ! Also, based on the program curriculum your DSO may authorize CPT during first semester, you need to check with your DSO.


OPT : A student can work in OPT after graduating from school. You will have to apply to US department of Immigration for approval to work in OPT. You will have to initiate this process approximately about 6 months before graduation as it can take time. Plan your OPT so that you are in OPT after you graduate. You will lose your status in US if you don’t have OPT started within 2 months grace period. You can work for anyone in OPT, there are no restrictions, but it must related to your course field. It is an option that US govt provides to international students for finding their right employers. You get an Employment Authorization Document(EAD) from US immigration to work legally after graduating. It is typically given for a validity of 12 months.  With new OPT rules, if you belong to STEM Category you can get an extension for another 17 months for a total OPT of 29 Months. Read this article for full info : New OPT rules for from USCIS for 29 Months


Rules keep changing, for up-to date information, check more details at US Immigration website  on CPT and OPT and always check with your school DSO and international students office.


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puja February 20, 2013 at 7:20 pm

Hi Saurabh,

I am on F1 Visa. and my employer is ready to fill H1B on 1st apr 2013. H1B can be used from 1st Oct 2013 onward if approved. my college can give me CPT for 6 months. i am not eligible for OPT.
Question: if i get CPT by Feb 2013 end, i will be over in August 2013. I can work for my employer on CPT and on H1B from 1st OCT.
What should i do on September month, when i won’t have CPT and valid H1b ?

Thanks in advance.

Reply

Saurabh February 20, 2013 at 9:57 pm

Puja,
You cannot work while your CPT has expired, but H-1 hasn’t started yet. You can start working once your H-1 commences. Will you still be enrolled in your school b/w Aug and Oct?

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Puja February 21, 2013 at 1:17 pm

Yes. i can enroll the course for 6 more months, starting Aug. i suppose, i will have to extend the CPT. But will it have impact on my H1B approval ?

CPT will be over 31st Aug’13
H1B starts 1st Oct’13
F1 is till Jan’14

Reply

Saurabh February 24, 2013 at 5:08 pm

Puja,
No it will not impact the H-1 outcome. Once H-1 goes into effect w/ COS, your SEVIS record will be updated and your CPT will end from the effective date. Keep your DSO updated about your H-1 processing.

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Gunny January 24, 2013 at 8:33 pm

Saurabh,

Please provide your 2 cent worth feedback on my situation.

I am enrolled in MS program completed all my cource work 1 1/2 yrs ago. The only thing that is left to recieve a degree is my final thesis. I have been working full time from last 2 yrs where the 1st year I worked on a co-op program as 1 credit ( CPT or independent study not sure what to call it??) while I was enrolled as full time student. Last year I was on my OPT. I recently applied for OPT Extention (thinking that my unofficial transcript will work) but it got denied as they did not see any proof of recieving a degree. OPT expired on 22 Dec 2012 I have 25 days to file a motion for this decision. What I want to know is…… what you think my options are now??? My company wants to keep me working and may sponcer me but that won’t start till April. Technically I am still a student completing my thesis and I just stopped going to work from today as I just recieved the decision and my company asked me to fix this situaton ASAP.

Options:

1. Push my thesis out within 25 days and file the motion which might get denied again (i will be unemployed from now till the decision is made and by that time my employer might find a replacement)

2. CPT or Coop/independent study as a course requirement on the existing degree as I am not graduated on MS
3. Get enrolled in a new degree program and try for CPT to save my employement till October.

FYI- My DSO has no clue and she kept asking to finish and go home.
Please ….any advice or refrence to a lawyer who can help me with this situationwill be much appreciated.

Reply

Saurabh January 25, 2013 at 6:27 pm

Gunny,
Sorry, but I don’t know what to do in this situation. I don’t know any lawyer to refer you to. Maybe you can search online for someone in your locality.

Reply

Gunny January 25, 2013 at 6:50 pm

i tried but cant find anything.

Reply

Saurabh January 25, 2013 at 9:14 pm

Gunny,
You can try this website. Lot of lawyers are active there and can advise you (I don’t know if its a free advice or paid).

Reply

vhiso September 28, 2012 at 10:55 pm

hey guys, quick question. Can i do an internship after i graduate? and what should I use, CPT?. i m applying for a job but they are not offering full time, they are only offering internships, which leaves me stuck now becoz i graduate next year.

Reply

nani September 13, 2012 at 5:43 pm

Hi,
i am currently studying in AS, but it is so expensive for me. So my friends suggest me to do some certification courses. Can i CPT or OPT after r while doing my Certificate programme?
Please answer my question.

Reply

abhilasha August 23, 2012 at 6:47 pm

Hi,
i have a question, currently i m on h4 visa…and i want to convert into F1..I have completed my Bachleor in science (biology) and Master’s in HR (MBA) from india.and now i want to pursue MBA program from USA and i m unable to find out which stream i shud opt and get better oppertunities…MBA in health care management or Mba in HR..
Thanx

Reply

ganga July 20, 2012 at 10:00 pm

Hi I completd my graduation n dis may nd i m lookin fr a good job….so finally i applid a job in U.S…bt the thing is dey r askin me worker status as A or B???i coulnt manage nd i m also serachin bt i m nt clear yet nw…i m d first one fm my family applyin fr abroad jobs so i din get guidance fm any side…..actually i dunno abt what are all d procedures i hav to do??i ll b gettin my passport oly aft 2 months….so is this the rite time i m applyin fr dis job…..pls anyone giv me a clean nd clear soln fr it….dat ll b very helpful fr me…waitin fr sum reply

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Son Nguyen June 27, 2012 at 1:12 am

Hi Saurabh !
Can you give me some advice for my case. I am under OPT now but OPT will expire soon and I found employer willing to sponsor H1b visa for me but that is too late for this year. So they recommend me to maintain F1 status and they will prepare for next year. But their requirement is during this time I have to work part-time or at least internship for them. So do you know if I already used OPT, can I still apply for CPT when I continue study in university ? Do you have any suggestion for my case. (I got MBA program and now I come back school to apply for post MBA that allow to add more concentration on MBA ).

Thank you so much!

Reply

Saurabh July 21, 2012 at 10:21 pm

Son Nguyen,
I don’t know if you can apply for CPT after using the entire OPT term. You can check w/ the school’s DSO.

Reply

Sara October 15, 2012 at 8:54 am

Nguyen,
I am exactly in the same situation that you were. I was wondering if you found a solution to your problem that could also help me out.

Thanks a lot

Reply

Trang Nguyen June 25, 2012 at 1:39 am

Hi, I have a question about the kind of jobs which must related to the course field. In my situation, my AA degree is Business Management. What kind of paying jobs can I apply for and what what kind of paying jobs shouldn’t I apply for. Can you give me some suggestions.

Reply

Elona June 4, 2012 at 3:51 pm

F1 and OPT?
Need pretty quick answer!!!
My brother, who is currentely on F1 visa, is enrolled in AS degree and will graduate Aug 2012. Can he apply for OPT? An important issue is he has worked as a part-time employee (20h/week) for the past year (he payed all taxes), but we didnt apply for any work authorisation for that period of time (we just didnt know about this requirement). Should we even apply for OPT?
Will he get his OPT in this situation? What is a chance? Or should he apply for another degree? Is this OK to ask his DSO for advise or too risky?
If anybody was in same situation it will be nice to hear your experience.

Reply

Tina Layton May 24, 2012 at 4:03 pm

Thank you so much Saurabh! I never had that information and my second degree is an associate degree.

Reply

Tina Layton May 23, 2012 at 11:43 pm

*pls excuse my typographical error. I meant “I can’t find a job and I’ve been looking for a while” :)
Tina

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Tina Layton May 23, 2012 at 11:40 pm

Hi Saurhba,
I’m currently a graduate student but used my OPT some years ago after I graduated with my first degree but my job then wouldn’t file for my H-1B; so I went back to school to maintain my F-1 status. I’m currently still enrolled at a college but I decided to get a job with my 1st degree. I’m at a cross road now because I can’t find a job for quite a while.
I’m not sure if I could find a job that will go right into fillin for t H-1B since I’ve used my OPT a couple of years back. Thanks a lot and please any other suggestions would be great.
Tina

Reply

Saurabh May 24, 2012 at 12:47 pm

Tina Layton,
You will be eligible for another OPT if the 2nd degree is a higher degree when compared to the 1st one. It its at the same level, then you are not eligible for another OPT. In this case, the employer will have to directly file the H-1 w/ no OPT in b/w

Reply

Swati May 21, 2012 at 9:45 am

Hi I have a question. I have tried for internship while I was studying Master’s in Computer Science, but could not get it. After graduating, my OPT has started 10 days back . Two days back I got an interview call from an employer (I had applied for java developer intern position), my interview was good. He said he would want to hire me for summer as an intern that is for 90 days, 40 hours/ week. The pay is $15/ hour, which I think is fine since I tough to get a job in US without experience or desi consultancy.
I want to know am I eligible for internship on OPT visa status.?
If I am eligible then can I do another internship after the summer internship is over? Its difficult to get full time position, I tried a lot but they are willing to hire me I know it is because I am not an US citizen.
I really dont want to join desi consultancy, I really dont mind taking a tougher path.
I am planning to do 2 or more internships and gain experience and later try for full time positions, I dont have any work experience in India or in US to show on resume. So i have planned to work as an intern at 2 to 3 companies and use that experience and try my luck and apply for full time later. Do you think its a good plan?

Reply

Saurabh May 22, 2012 at 1:08 am

Swati,
Although your title would be intern, but actually you will be working full-time. So it should be ok. As long as other interns are also paid in the same range, you should be fine. Besides, OPT has “Training” in it’s name, so it should be ok to do internship for the entire tenure of OPT. You should get this confirmed w/ your DSO as well.

It is difficult to get job w/o work experience, so it may be a good idea to do internship for a while and then do full-time job. Hopefully, one of these companies would give you an offer to convert from internship to full-time based on your performance review.

Make sure you do not stay unemployed for more than 90 days on OPT. Also, get payslips for the entire OPT tenure.

Reply

Swati May 22, 2012 at 3:02 am

This is the best advice anyone has ever given me, thank you a million.

Reply

Parul May 19, 2012 at 7:39 pm

Saurabh,
I am on F1-Visa, completed my Masters and got OPT, since that got over this feb I am now working on CPT through desi consultant. MY H1B visa has been filed in Premium. If my visa is approved, it would start only from 1st Oct and my CPT is valid till Aug 2012. I wont be eligible to work for 2 months in between but I am legal to stay in USA, correct? Also can I visit India before October, once I get my H1B result and on my CPT Status? Would I have to go for stamping (even though my H1b will start from October?)
Thanks in advance

Reply

Saurabh May 21, 2012 at 12:32 am

Parul,
If you have valid F-1 visa and maintaining the same, then you can stay in US beyond CPT expiration date. Once H-1 is approved, you can travel outside of US and return on F-1 prior to Oct and still be on H-1 from Oct 1. This is assuming you are still enrolled in school on F-1 and that your H-1 got approved w/ COS.

Reply

swati May 19, 2012 at 3:51 pm

Hi I have a question. I have tried for internship while I was studying Master’s in Computer Science, but could not get it. After graduating, my OPT has started 10 days back . Two days back I got an interview call from an employer (I had applied for java developer intern position), my interview was good. He said he would want to hire me for summer as an intern that is for 90 days, 40 hours/ week. The pay is $15/ hour, which I think is fine since I tough to get a job in US without experience or desi consultancy.
I want to know am I eligible for internship on OPT visa status.?
If I am eligible then can I do another internship after the summer internship is over? Its difficult to get full time position, I tried a lot but they are willing to hire me I know it is because I am not an US citizen.
I really dont want to join desi consultancy, I really dont mind taking a tougher path.
I am planning to do 2 or more internships and gain experience and later try for full time positions, I dont have any work experience in India or in US to show on resume. So i have planned to work as an intern at 2 to 3 companies and use that experience and try my luck and apply for full time later. Do you think its a good plan?

Reply

Vijay chandra May 16, 2012 at 10:03 pm

Saurabh. This is Vijay Chandra here. I have decided to Apply for h1B on my f1 Visa. Now do I need a client letter as an employment proof or can I just apply and find a job and work. Can you please explain. Thanks a lot

Reply

Saurabh May 17, 2012 at 10:59 pm

Vijay chandra,
For H-1, you need to find an employer willing to sponsor H-1 for you by hiring you. If the employer is a small-medium size consulting company, then USCIS can ask for a client letter as proof that employer has the funds to pay you regular salary. If you are hired by big US corporations or IT giants, then no client letter is required.

Reply

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