PLEASE READ:International Student and Curricular Practical Training (CPT)

[Marissa4usa]

Hi all and especially all of you international students,
I really hope you can help me as I am on the verge of going completely nuts!!!

I am an international student in the process of finishing up my masters degree. I have completed all my course work but still need to finish my thesis. Based on how my research interests have developed my current school does not have the means to provide me with the resources neccessary to do that in a satisfactory manner. As a result of that I have searched for research assistant positions that would allow me to gain the skills neccessary. Miraculously, I got the job...and that's where the drama began.

I have been having the most awful time getting approved for curricular practical training. I don't know whether it's my international student advisor (ISA) or whether it's me. For everything that she tells me I find contradictory information elsewhere (mostly other schools; international student offices).

Problem 1:
Usually, when you apply for CPT, your potential employer needs to list a beginning and an end date as this needs to be entered into SEVIS (a system that keeps track of all international students). Well, my employer's policy doesn't allow that because every employee goes through a probationay period. That's the way it is, so they can't give me that date. So, my ISA says she can't do anything. The fact that I can just quit that job anytime if I need to be in status doesn't matter, she says she needs something official.
Question 1:
Has anybody ever been in that position? If so, how have you handled that?

Problem 2:
I am aware that every semester you need to re-apply for CPT. Not a problem - if all that paperwork makes them happy. The problem is that CPT is generally intended as an academic experience, i.e. according to my ISA I can only do it during the semester whenever I am enrolled in units for it. Generally not a problem. It is part of my academic experience. It serves to hone my research skills in my particular area of interest - I need these skills to complete my thesis successfully. However, my potential employer wants to hire me continously (up to a year because that's how long you can do CPT), he clearly doesn't want me to not work between semesters. According to ISA that's not possible. However, if I look online, some schools don't seem to have any issues allowing students to do exactly that, so clearly that isn't a USCIS regulation.

Question 2:
I know many that many here are clinical students so I am sure at one point you needed to do an externship that lasted more than a semester. How did you handle that?


LAST QUESTION:
Can anybody provide me with a link to the information directly provided by USCIS. I have been having a really hard time finding what actually are the laws. My advisor says one thing, arguing that those are the laws, then I search online and find something that is the exact opposite. And I doubt that all these major universities would do anything that would endanger their international students' statuses.

Thanks so much!I have been in the US for almost 8 years and have complied with all regulations! I really hope I don't have to lose this dream opportunity due to regulations!

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[nononora]

When you say that your current school does not provide the resources/skills necessary for you to complete your thesis, what exactly do you mean? Is your RA job paid?

As far as I know, CPT is used for employment that is an integral part of your program's curriculum (like the internship year, which is required in order to satisfy requirements in obtaining a doctoral degree). CPT can also be used if you are getting academic credit for it. While your school may not be preparing you adequately, the RA position is, unfortunately not required for graduation. It also does not sound like you will be getting academic credit for the RA position which would present another hurdle.

If you are planning to attend a PhD program in the future, I would strongly suggest that you save your CPT for your internship year and OPT for your post-doc year. If you use your CPT now for any period of time, you will have to use OPT for your internship and not be allowed to do a post-doc. Some states (New York, for example) require that you do a post-doc in order to be eligible to sit for the licensing exam.

Also, exceeding your 1-year CPT allowance by even 1 day will make you ineligible for OPT, so your 1-year contract must really be a 51+ week contract.

Here is the link from the US Immigration and Customs Enforcement website:
http://www.ice.gov/sevis/students/cpt.htm

 

[Marissa4usa]

When you say that your current school does not provide the resources/skills necessary for you to complete your thesis, what exactly do you mean?

I guess my wording is awkward. Long story short, it's part of my curriculum and I am getting academic credit for it. However, due to some special circumstances (e.g. adivisor changing, new adivisor no longer doing research in my area and some other fun things) I pretty much have no chance to get any kind of mentoring in my area of interest. So, my department chair is okay with doing this sort of unorthodox thing by letting me take this position as an RA.
However, this isn't the actual problem as I have received at least verbal approval for that by international student officer (of course not until after lots of paperwork) so that part she is fine with.

Is your RA job paid?

Yes. Should that matter in any way?

If you are planning to attend a PhD program in the future, I would strongly suggest that you save your CPT for your internship year and OPT for your post-doc year.

This resets at every degree level. I am not sure how it is if one is in a combined MA/PhD program but since I am in a terminal masters program, I don't need to worry about this as I will definetely be in a complete different program/school

Also, exceeding your 1-year CPT allowance by even 1 day will make you ineligible for OPT, so your 1-year contract must really be a 51+ week contract.

Yes, I am fully aware of that. But that's exactly my question. My advisor tells me that I can only work during the actual semester, i.e. from 8/29 to 12/16. However, the position I attained, is continous. I understand I need to re-apply for CPT every semester and it is possible that I don't get authorized but she is set on telling that this is ONLY way to do it according to USCIS regulations. I am looking for actual information that this isn't the case.

Here is the link from the US Immigration and Customs Enforcement website:
http://www.ice.gov/sevis/students/cpt.htm

I have already seen this. However, I don't seem to be able to find information specifically regarding this question. I mean it's clearly possible to get authorized for more than one semester at a time and/or beyond one semester until the next one starts. I have looked at the websites of several international student offices and it seems things are pretty much p to them which really just isn't fair.

Moreover, what do I do if this potential employer is unable to provide me with an end date of the employement because their hiring policy doesn't allow it?

 

[nononora]

My apologies, sounds like the issues you're having are complicated!

I do think getting paid adds a level of complexity to the equation. I, and other international students that I know, did not have to use CPT for unpaid externships. There were some paid externships available but we simply did not apply for them.

If your employer will not give you your expected dates of employment, then the only way is to get approved for academic credit, which would be on a semester basis only.

You mentioned a probation period - will your employer be able to furnish you those start/end dates initially so you can apply for CPT? I imagine that a decision to terminate your contract would usually happen after the probation period, so it would be safe to get an employment letter for those dates initially. Once they decide that they'd like to keep you (which I'm sure they would), then get another employment letter with your new start/end dates and apply for CPT again? That's the only workaround I can think of which would ensure you keep getting paid.

If that doesn't work and you are approved for the 2 semesters only, a possible alternative would be to work on a volunteer basis during the break between semesters where you don't get paid. This would require more paperwork on the part of your employer but could be worth a shot?

What a stressful situation, and I'm sorry you have to go through this!

 

[Marissa4usa]

If your employer will not give you your expected dates of employment, then the only way is to get approved for academic credit, which would be on a semester basis only.

Well, it's not about which period I want to get approved for as I know that I will need to re-apply every semester. It's that my employer simply cannot furnish me a letter with an end date.

You mentioned a probation period - will your employer be able to furnish you those start/end dates initially so you can apply for CPT?
I imagine that a decision to terminate your contract would usually happen after the probation period, so it would be safe to get an employment letter for those dates initially. Once they decide that they'd like to keep you (which I'm sure they would), then get another employment letter with your new start/end dates and apply for CPT again? That's the only workaround I can think of which would ensure you keep getting paid.

It may be possible to get the letter with the probationay employment dates. I just don't know how this would work if the probationary period ended mid-semester. Would I re-apply for authorization mid-semester? Do I have to sign up for more credits?

Moreover, this would work only once. What if I master the probationary period? They then no longer can issue me a letter as then I will be "permanent" employee, so this really isn't a long-term solution

If that doesn't work and you are approved for the 2 semesters only, a possible alternative would be to work on a volunteer basis during the break between semesters where you don't get paid. This would require more paperwork on the part of your employer but could be worth a shot?

According to DSO I can only get approved per semester anyways, which based on recent information is complete c*** and simply not true.
I wouldn't even mind volunteering between semesters but I don't think that would work for the employer.

I did find out two things today by calling USCIS directly
1. It's definetely possible to work between semester breaks. USCIS does not put any restriction on students in terms of that they can only work during the actual academic semester. My DSO simply made that up.

2. There is no USCIS requirement that even states the employers need to furnish an official end and start date. It is true that DSOs need to enter these dates into SEVIS and it has become common practice to ask employers to furnish these dates in their job offer letter but it is entirely at the discretion of the DSO what dates are being entered.

I am aware that each school has their own guidelines. I guess it's just beyond me why they would in anybody's way to achieve their academic goals. I have been an international student since freshman year in college and have always complied with all regulations and laws and although I am asking nothing that would be in violation of any law whatsoever, I am being turned down.

Sorry, I just needed to vent!🙁

 

[SingingCow]

Is your RA position within your school, or in any way affiliated with your school? If it is, you may not need to use CPT. CPT is needed only for paid positions that are off-campus or not affiliated with your school.

Although CPT is technically semester based, it may work for you if there isn't real gaps between semesters, or if your RA employer is willing to write separate contracts.

 

[Marissa4usa]

No, it's not within my school, so I definetely need CPT.

Although CPT is technically semester based, it may work for you if there isn't real gaps between semesters, or if your RA employer is willing to write separate contracts.

As I found out today, this is not correct - at least not according to any official USCIS regulations (which I was told by an USCIS official on the phone). It is how it is frequently handled, however, by no means does USCIS have any regulations as to when I can only be authorized to work under the CPT program.
As a matter of fact, many schools that I randomly looked allow students to work under CPT between semesters and I highly double that major universities will do anything that would jeopordize their international students' immigration status.