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patryn33
06-25-2010, 08:22 AM
Just use CPT to work part-time and write a short paper at the end of the semester to fulfill CPT academic requirements. F-1 holders can use up to a year of full-time CPT without affecting their OPT.

oh...
seem like rules changed.

http://www.upenn.edu/oip/iss/visa/f1/cpt.html

Part-Time Training

During the school year while classes are in session, students can engage in CPT on a part-time basis, limited to no more than 20 hours per week. If eligible, there is no limitation on the length of time you may participate in part-time curricular practical training, but you must be maintaining lawful F-1 status.

Full-Time Training

However, if you participate in 12 months or more of full-time curricular practical training, you will not be eligible for post-completion optional practical training (OPT).

chanky
06-25-2010, 11:49 PM
You might have misunderstood my earlier post. F-1 can use up to a year of full-time CPT without affecting their OPT, but that also means their OPT will be affected (lost) after they exceed the one-year period of CPT.

I didn't know about the part-time CPT previously, but it sounds like F-1 holders can work part-time all the way throughout college when classes are in session. I know some schools are very particular and strict before they will grant CPT.

patryn33
06-26-2010, 06:15 PM
Uni are not involved in granting OPT and CPT, USCIS (http://www.uscis.gov/portal/site/uscis) is the agency that does it.
School just sign the paper work and is submitted to USCIS to get approval.

I doubt school is particular with these. USCIS is the one that is particular.
U don't want to mess it up as it may affect your work VISA application.

chanky
06-27-2010, 03:29 AM
OPT is indeed granted by USCIS. The uni makes a recommendation for OPT on your I-20 and you submit the forms to USCIS and wait for your EAD card (up to 90 days usually).

CPT, however, is granted/approved by the school. They will update your SEVIS record and issue you a new I-20 (usually in 3 days) showing CPT authorization, and that is your CPT. You do not deal with USCIS for CPT, which is definitely a blessing. I guess ultimately USCIS has a say in everything, but from an administrative standpoint it is the university that grants/approves your CPT.

Some schools are particular about CPT because of the academic component of it . If the school does not have a formal academic internship program, the international student services of the school might not be able to approve your CPT. The way to get around it is to find a professor in your field of study who is willing to take you on for "independent studies" so you can get CPT, and you write a term paper for him at the end. Lastly, CPT can only be approved for work in your area of study, so you better finagle the job description somehow to fit your major.

Disclosure: I have previously obtained CPT, am currently on OPT with EAD card and have an approved H-1B (work visa) petition starting in October.

Run
06-27-2010, 06:03 PM
I went to read up a bit on it, and it appears that chanky is correct.

Anyway, we are starting to go off-topic (which is partly my fault, sorry!). :)

patryn33
06-27-2010, 06:53 PM
Disclosure: I have previously obtained CPT, am currently on OPT with EAD card and have an approved H-1B (work visa) petition starting in October.

there are always ways to get around things in States.
for those who wanna read on this try below
http://www.ice.gov/sevis/students/index.htm

finally, congrats on your H1-B VISA. it been awhile, thanx for the reminder.
I hope U get a easier time with the green card process if U want it that is.

@ MOD Run, no worries man. btw seem like the only joes interested in this topic are the MOD and those advising.

Maybe good to have a sticky somewhere regarding the process of finding work in States and staying permanently if possible.
from CPT/OPT -> H1B (6yrs max, 3yr each term) or H1B-1 (1yr each term, unlimited renewal only for Singaporeans and Chilean, cannot apply for greencard) -> possibly green card (wait times, EBa, EB2, EB3 etc)

koo86
06-27-2010, 08:24 PM
Just think as CPT as a Co-op, which some colleges offer. OPT on the other hand should be applied before graduation, where you are allowed to work in the states for a year

Run
06-27-2010, 09:20 PM
there are always ways to get around things in States.
for those who wanna read on this try below
http://www.ice.gov/sevis/students/index.htm

finally, congrats on your H1-B VISA. it been awhile, thanx for the reminder.
I hope U get a easier time with the green card process if U want it that is.

@ MOD Run, no worries man. btw seem like the only joes interested in this topic are the MOD and those advising.

Maybe good to have a sticky somewhere regarding the process of finding work in States and staying permanently if possible.
from CPT/OPT -> H1B (6yrs max, 3yr each term) or H1B-1 (1yr each term, unlimited renewal only for Singaporeans and Chilean, cannot apply for greencard) -> possibly green card (wait times, EBa, EB2, EB3 etc)

From what I have read, even though a Singaporean can renew a H1B-1 indefinitely, applicants are required to have no intention to immigrate, so it might get harder and harder to renew it as they'd have to explain why they are remaining in the states after such a long period, despite having no intention to immigrate.

chanky
06-28-2010, 03:43 AM
H1b applications are significantly way down these past two years. The quota for last year lasted till December 2009, while this year's quota has only been filled to 30% and will probably last till Dec 2010 as well. Hopefully this will mean less people applying for the green card in the future since less people are remaining in the US due to the financial crisis.

Where are you in the process patryn? Waiting for the green card (I-485) backlog to clear?

Run
06-28-2010, 10:37 AM
Just out of curiosity, how hard is it to get sponsorship for a H1B on a bachelor's degree, outside of IB?

Also, usually how long does one have to wait before he/she can be granted a green card?

patryn33
06-29-2010, 07:49 AM
all Uni offer CPT or Co-op. have yet to come across Uni that don't do that.

This yr H1B quota is already fully filled up isn't it?
its has been slow but it did get filled up.
The h1B for ppl with US higher degree was filled up slower.

with today's recession IB also not easy to find sponsorship if u are an avg joe.
iirc I read company took gov Bail out $$ are not allowed to hire ppl on VISA.
if u are an Elite and company wants U, regardless of industry they will be willing to sponsor U. only issue is to get your application in b4 the quota is filled up! if quota is up even they want to sponsor u, U can't stay and work. Timing is impt here.

Its not hard for Singaporean to renew the H1B-1 application. I have applied for my H1B-1 and didn't have that issue in the past USCIS isn't asking much qns unlike regular H1B renewal. In fact no company want u to stay in H1B-1 status as it cost money! alot of money! renewing it cost over US$2K in application fees. USCIS would love to collect such money every yr. legal fees would have cost btw US$1-5K.
ppl applying for usual H1B, USCIS wouldn't be making alot. since the fees is ~US$2K and its for 3yrs.
today renewal, I see USCIS sending agents to spot check applicants and interviewing ppl in the company. the additional hurdles a company have to face kinda make HR extremely reluctant to hire H1B ppl.
companies like Garmin, Ford, Cargill, Medtronic, numerous Jap/Taiwanese/Korean firm shy away from VISA workers.

USCIS just issue a memo this Jan trying to eliminate company such as kelly service or Accenture from hiring consultants on H1B VISA to work off site. These contract houses often time take adv of the system and many times very willing to get u hooked on the greencard application, doing so allow them to profit from U and uncut American salary. on your H1B application in the salary box, they usually put a range. It may appear U're making just as much as an American if U take the avg, but often times these company always pay u at the lower end of the spectrum. there are tons of horror tales associated with these contract house.

cost of application of greencard. single it cost ~US$4k in fees. family it cost ~US$500 more per additional applicant. legal fees varies alot from as little as US$5K to US$30K!!! company that has lawyer that charge them big bucks are very reluctant to start the process for a new H1B hire. They may want to keep you around for 3yrs eval your performance b4 doing it.

where am I in the process... hmm... still on my H1B. with my income and experience I don't have to wait for the EB3/PRC/Indian backlog to clear. I will be EB2 status (being Singaporean does have its adv, the queue isn't long) and that will only take me ~1.5yrs to get my EAD card/greencard according to my lawyer. the only issue is Company change name a few time and I restart the entire process together with H1B VISA transfer a few times!

when possible U don't want to be in EB3 as U'll have to wait for backlog to clear and that may take U a good 5yrs to see your EAD and another 5yrs to see your greencard. I know Jap that has waiting 10yrs to see their greencard.
under EB1 the wait is ~1yr.
with the recession USCIS is checking ppl on EAD card, if you fail to prove your status in 1mth they will remove you from the process, without a valid H1B that means u got to leave the country. I have seen a number of ppl getting such letters.

anyway. with H1B renewal or transfer, it takes about 4 mths to get the paper work.
U can start the prep work to start Labor cert. however U are not allow to submit the application, U gotta wait 60 days after the start of your H1B.
Labour Cert takes around 6 mths to approve.
those in EB3 - send in I-140 and wait to get approval b4 sendng I-485
those in EB2 and EB1 can submit - I-140 and I-485
back in late 2008, the backlog is bad that they open the gates to allow ppl in EB3 to submit I-485. They even let everyone do their finger printing. at this stage U'll see your EAD card pretty soon however that didn't seem to be the case. My luckier pals (in EB3) are still in queue and have not seen their EAD card, nothing seem to be moving for the joes in EB3.

Run
07-08-2010, 09:12 PM
Yes, I read about that too. Companies under TARP are not allowed to hire foreigners. Not sure if it still applies after they repay the bailout.

I'd like to ask, since CPT has to be related to your major, is this the same for OPT?

patryn33
07-09-2010, 05:44 PM
after they had repay the bailout, they are free to hire anyone.

CPT and OPT same same.

thing is alot of HR shy ppl on F1 VISA even when CPT isn't any much diff from hiring a American.

chanky
07-11-2010, 04:52 AM
This year's H1b cap is less than 50% used. http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=4b7cdd1d5fd37210VgnVCM100000082ca60aRCR D&vgnextchannel=73566811264a3210VgnVCM100000b92ca60a RCRD
There are 65,000 visas and only 24,200 petitions have been filed. For advanced degrees, only 10,400 out of 20,000 has been used up. Last year's H1B cap was only used up in December 2009 (applications start Apr 09), and it will probably be the case this year as well.

Banks that repaid TARP can sponsor again without issues as I have friends who obtained H1Bs from a bank that had repaid TARP.

CPT is also tied to a specific employer (you need job/internship offer letter to apply) but OPT isn't. Both CPT and OPT should be related to your field of study, but there is no feasible way to enforce that for OPT since you can apply for OPT without a job offer. Schools can be pretty strict about CPT since you need a job offer letter to apply for it, and they'll know if it is related to your major.
CPT can only be obtained while you are a student and not after graduation, while OPT can be obtained both during and after your studies. Most people use CPT for internships/work and OPT for post-graduation. CPT is administered by your university while OPT has to be applied for through USCIS.

patryn33
07-12-2010, 02:06 AM
hey u have applied for CPT. Does hiring company need to do something special to pay U? my understanding there isn't any diff from HR stand pt with regards to the payment of salary and filing of W2. is there something I am missing?

ya there isn't a way to enforce OPT to be related to your major. I know ppl still work on campus during their OPT while they look for job.

chanky
07-15-2010, 07:30 AM
With CPT approved by the school, there's no need for the hiring company to do anything special for you. It's just the regular procedures, but make sure you get your social security card beforehand since the SSN is essential for many documents.

patryn33
07-16-2010, 12:10 AM
Thanx! thats my understanding too.
many yrs ago GE has hired ppl by the truck load, as it don't matter.
today, there are just too many misinform HR folks. Hiring managers hands are tied esp when HR folks refuse to learn the TRUTH!