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extention of stay denied due to CPT (twice, total of 10 months)

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  • extention of stay denied due to CPT (twice, total of 10 months)

    Hello,

    Asking for a friend, He did is first masters and took 5 months full time CPT. Now after h1b got picked and of no response he joined second masters and took CPT from day 1 second time. Its been 5 months in the second CPT. His H1b visa petition got denied due to Wage level, multiple layers and specialty occupation. At the end in the "Maintenance of Stay section" after the reasons why his petition was denied, they mentioned that he used the Practical training more months than the regulation and Accordingly Extension of Stay was denied was mentioned.

    Does that mean his current CPT is also ended and he has to go back to India or just the extension that would come with H1b has denied. Contacted few attorneys but no luck. Have any one of you faced this scenario. Is taking CPT twice unlawful? Please help. His employers are saying that he doesn't have to go back to India and they are applying MTR. But does that apply to denied extension of stay.


    Thank you very much guys,

    Srikanth

  • #2
    Legal Stay

    Hi Srikanth,

    Does your friend is residing in the USA or left to India, what is his current status, he is continuing his masters or not, does his F1 Status is terminated and has no status now, what is the claim that USCIS is making on his petition and status, does he rebutted saying that it applies only to OPT not for CPT like that or not.
    your reply helps a lot like so many people are in your friend's situation.

    Thanks
    Last edited by mahesh89; 02-22-2019, 07:28 PM.

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    • #3
      Extention of stay denied due to CPT (twice, total of 10 months)

      Hi Srikanth,

      Does your friend left to India or staying in the USA, is he continuing his masters or not, does his f1 got terminated, does he rebutted the USCIS decision stating that regulation based on the educational level is applied only to OPT but not CPT, suppose if a person does Engineering, uses CPT for 11 months and he uses OPT and he is interested in pursuing an MBA and use CPT, how can he not use CPT, based on what you stated even after one year of enrollment, he can't use CPT if there is a regulation to use only 12 months of CPT, and in your friend's case he didn't even use 12 months of CPT, how can he be out of status.

      Please share your friend's current situation, it will be helpful for people who are in the same situation.

      Thank you in advance
      Last edited by mahesh89; 02-22-2019, 07:27 PM.

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