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My Employer filed H1B petition 2018 cap season. However,

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My Employer filed...

My Employer filed H1B petition 2018 cap season . However, they declined my change status from F1 to H1B and explained following reason.Decision from USICESUSICES mentioned that my change of status was declined because of I didn’t maintain Valid F1 status. They mentioned following clause which is
According to the Title (8) Sec 214(F)(10) which explains that Practical training. Practical training may be authorized to an F-1 student who has been lawfully enrolled on a full-time basis, in a Service-approved college, university, conservatory, or seminary for one full academic year. This provision also includes students who, during their course of study, were enrolled in a study abroad program, if the student had spent at least one full academic term enrolled in a full course of study in the United States prior to studying abroad. A student may be authorized 12 months of practical training, and becomes eligible for another 12 months of practical training when he or she changes to a higher educational level. Students in English language training programs are ineligible for practical training. An eligible student may request employment authorization for practical training in a position that is directly related to his or her major area of study.
My Question is if F1 Student who holding CPT(Curricular Practical Training Programmer) while pursuing certain education level and then getting 12 months OPT employment benefices has Violated the law which 214(F)(10)??
Can you give me some suggestion am I Violated law according to above explanation

Lawyer's Assistant: Because education law varies from place to place, can you tell me what state this is in?

Harribsurg University of Science & Tech

Lawyer's Assistant: Have you talked to a lawyer yet?

Yes

Submitted: 8 months ago.Category: Immigration Law
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Customer reply replied 8 months ago
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Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 8 months ago
Judith Ludwic
Judith Ludwic, Immigration Lawyer
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Satisfied Customers: 30,027
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 8 months ago

Welcome to JustAnswer! I have 34 years experience as an immigration attorney and I am here to help resolve your immigration issue. Tackling these issues can sometimes get confusing. Should you need to chat on the phone or document review, I am able to do that for an additional cost. Let me know at any time during our question and answer session if you are interested.

Unfortunately, the USCIS did not clarify for you that CPT and OPT both fall under the rules for PRACTICAL TRAINING. "Students who have received one year or more of full time curricular practical training are ineligible for post-completion academic training. " You did not qualify for OPT and the DSO made an error in recommending OPT post-completion after giving you 1 year of practical training pre completion under CPT.

You will need to go out for visa stamping.

http://www.nafsa.org/_/file/_/amresource/8cfr2142f.htm

(10) Practical training. Practical training may be authorized to an F-1 student who has been lawfully enrolled on a full time basis, in a Service-approved college, university, conservatory, or seminary for one full academic year. This provision also includes students who, during their course of study, were enrolled in a study abroad program, if the student had spent at least one full academic term enrolled in a full course of study in the United States prior to studying abroad. A student may be authorized 12 months of practical training, and becomes eligible for another 12 months of practical training when he or she changes to a higher educational level. Students in English language training programs are ineligible for practical training. An eligible student may request employment authorization for practical training in a position that is directly related to his or her major area of study. There are two types of practical training available:

8 CFR 214.2(f)(10)(i)

(i) Curricular practical training. An F-1 student may be authorized by the DSO to participate in a curricular practical training program that is an integral part of an established curriculum. Curricular practical training is defined to be alternative work/study, internship, cooperative education, or any other type of required internship or practicum that is offered by sponsoring employers through cooperative agreements with the school. Students who have received one year or more of full time curricular practical training are ineligible for post-completion academic training. Exceptions to the one academic year requirement are provided for students enrolled in graduate studies that require immediate participation in curricular practical training. A request for authorization for curricular practical training must be made to the DSO. A student may begin curricular practical training only after receiving his or her Form I-20 with the DSO endorsement.

I hope that helps! Please let me know if you have any other questions. I appreciate this opportunity to help you. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating. If you are very satisfied with my answer please take a moment to click on the 5 stars at the top of the page. The question thread remains open and you can ask follow-up questions.

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Customer reply replied 8 months ago
Hi Judith Ludwic,I have received part-time CPT from college which is there in my i20 . I'm just wondering why they issued denial for me .
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 8 months ago

Because the law says:

Students who have received one year or more of full time curricular practical training are ineligible for post-completion academic training.

Since your CPT was from March 4, 2016 to February 17, 2017 you can file a MTR based on the fact your CPT was not one year or more. Therefore you should be eligible for 1 year of OPT post completion.

The rule of a total of allowable 12 months Practical Training which is a combination of pre completion and post completion. Since you did not have a year of CPT authorized then you should not be subject to the one year limitation.

It will take up to 45 days for a decision on the MTR. It will also cost you the filing fee of $675.

You may want to just bite the bullet and go for visa stamping.

Your phone call failed. Contact customer service and ask them to verify your credit card.

Please take a moment to rate my answer. You can continue to ask follow=up quesitons.

Judith

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Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 8 months ago

I tried to make a premium service offer and it failed.

http://ww2.justanswer.com/help Customer Service

Judith

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