Urgent: F1 Stamping while on CPT

[honestuser]

Hello,

My wife is doing a PhD from a good school. She has been on an internship with CPT for the past one and half year working for a reputed company and will continue in CPT till December.

Her F1 visa stamp expired but she has a valid i-20 and i-94. We want to go to India but wanted to get f1 stamped in Canada before that. would there be any problem/risk in trying to get the F1 visa stamped in Canada?

Please advise.

[kabkaba]

There is always a risk in any F1 application. It all depends on what strong ties to home country she can show and if she can satisfy the officer that her purpose of traveling to the US is purely for studying. If applied in a third country (ex. Canada) and denied, she will need to return to home country directly from Canada.

I hope all the requirements for CPT such as curricular requirement, co-op agreement etc. are met and she is regularly attending classes full-time. More than 3 credits/1 class taken online is not allowed. Also, using CPT for such an extended duration will make her ineligible for OPT.

[honestuser]

There is always a risk in any F1 application. It all depends on what strong ties to home country she can show and if she can satisfy the officer that her purpose of traveling to the US is purely for studying. If applied in a third country (ex. Canada) and denied, she will need to return to home country directly from Canada.

I hope all the requirements for CPT such as curricular requirement, co-op agreement etc. are met and she is regularly attending classes full-time. More than 3 credits/1 class taken online is not allowed. Also, using CPT for such an extended duration will make her ineligible for OPT.

Thanks kabkaba...

She has been enrolled in full time status and has been interning part time until now. She got a job offer but they did not file the H1B on time so she is continuing as an intern for now. The intent is to apply for pre-completion OPT next year. but getting a visa on OPT is much more riskier correct? Does me being on h1b and working in the US matter in her case? There might be the question that her husband is here so she might stay back right? The other alternative is to not leave at all until H1B is approved next year (Oct 2013).So that's why we thought stamping while on CPT might be less riskier. What are your thoughts?