Day 1 CPT to H-1B: How to Handle Potential Issues in Your H-1B Application

Many international students, if not selected for H-1B, choose Day 1 CPT as an alternative path. During Day 1 CPT, they can still join the H-1B visa lottery. However, transitioning from Day 1 CPT to H-1B can be a complex process, requiring careful attention to potential challenges. While most Day 1 CPT students secure an H-1B visa without issues, some may receive an RFE (Request for Evidence) due to some common concerns. Understanding these risks and preparing in advance can significantly improve your chances of a successful H-1B approval.

This article will discuss the potential risks of Day 1 CPT in H-1B applications, common RFE reasons, how to effectively address RFEs, and the best way to exit a Day 1 CPT program after securing an H-1B.

Table of Contents

Potential Risks of Day 1 CPT in H-1B Application

Common RFE Reasons for Day 1 CPT Students

How to Address RFEs Effectively

Exit Day 1 CPT Program After Getting an H-1B

Conclusion

1. Potential Risks of Day 1 CPT in H-1B Application

Day 1 CPT is a legal work authorization under current U.S. immigration policy, but some students may encounter challenges during their H-1B applications. One primary concern is whether USCIS (United States Citizenship and Immigration Services) considers your Day 1 CPT usage a violation of F-1 status. If your F-1 status is not properly maintained or if your university’s compliance with CPT policy is questionable, it could trigger an RFE (Request for Evidence) during your H-1B petition. Therefore, it is necessary to maintain your F-1 status by attending classes and participating in on-site sessions.

Another risk is the perception of "overuse" of CPT—if you have engaged in multiple Day 1 CPT programs without clear academic justification, USCIS may suspect that you abuse F-1 status. This concern often arises when students have multiple similar degrees, such as several master's degrees in the same field.

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2. Common RFE Reasons for Day 1 CPT Students

Among the reasons for receiving an RFE, the most common ones for Day 1 CPT students are: Maintenance of Status and Employer-Employee Relationship.

This is the most common RFE reason for Day 1 CPT students. USCIS may request proof that you maintained lawful F-1 status, including proper CPT authorization and full-time enrollment in an eligible program. Some specific concerns include:

• CPT Justification: USCIS may challenge whether your employment was truly integral to your studies and if it aligns with your academic program.
• Course of Study: USCIS may question whether you meet the full-time F-1 student requirements, including class attendance, assignment completion, and participation in on-site sessions.
• University Accreditation: Some schools offering Day 1 CPT have faced scrutiny from USCIS. If your school has compliance issues, you may need to provide additional documentation to prove its legitimacy. 

USCIS may also issue an RFE if they question the legitimacy of your employment relationship. Concerns include:

• Job Relevance: If your CPT job is unrelated to your degree program, USCIS may challenge whether it qualifies as legitimate practical training.
• Work Location: If your worksite is far from your CPT school (e.g., from the East Coast to the West Coast), USCIS may question whether your employment is authentic.
  
  

3. How to Address RFEs Effectively

According to historical data, the passing rate of RFEs is above 90%, so there’s no need to be overly concerned. With proper preparation, you can effectively respond and get an H-1B.

• If you receive an RFE related to employment, simply provide documentation of your employment contract or any evidence showing that your work is supervised by your employer.
• If you receive an RFE regarding maintenance of status, contact your CPT school immediately. Many Day 1 CPT universities, such as Westcliff University and Harrisburg University, offer RFE response packages, which include:
  • Transcripts
  • Course materials
  • CPT agreements
  • On-site attendance records
  • A statement on the school’s CPT policy

These documents can serve as strong proof of your maintenance of F-1 status.

For a comprehensive list of required evidence, refer to: Day 1 CPT and RFE: What Should You be Prepared for.

While most students successfully pass an RFE by gathering evidence, it is best to reduce potential risks from the very beginning.

To do so, you should:

• Choose an accredited Day 1 CPT school. Check our Day 1 CPT university list for reliable options.
• Choose a Day 1 CPT program based on key principles. See: How to Select a Day 1 CPT School by Program.
• Attend classes and keep copies of syllabuses, assignments, and term papers.
• Participate in required on-site sessions. Make sure you sign attendance sheets; it is also recommended to take photos on campus as additional proof.
• Keep receipts of your commuting expenses for on-site classes, such as flight tickets, train tickets, and hotel reservations.

You should not:

• Choose a Day 1 CPT school far from where you live, as this may raise concerns with USCIS. See: Select a Day 1 CPT School by Location.
• Skip classes, especially on-site sessions.
• Start employment without CPT authorization.
• Neglect to renew CPT authorization.
• Engage in employment unrelated to your field of study.

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4. Exit Day 1 CPT Program After Getting an H-1B

Once your H-1B petition is approved, follow key steps below: 

• Notify Your Employer: Notify your employer of your H-1B approval so they can update your work authorization status accordingly.
• Withdraw from Your CPT Program: Inform your school as soon as possible to avoid unnecessary tuition costs or coursework. You can choose to withdraw immediately or complete your current semester.
• Maintain Legal Status: While your H-1B petition is under review, you still need to meet F-1 status requirements until your H-1B takes effect. Avoid international travel during this period.

5. Conclusion

Transitioning from Day 1 CPT to H-1B requires careful planning to avoid potential risks. By choosing a reputable Day 1 CPT program, preserving documentation, and preparing in advance for possible H-1B challenges, you can smoothly pass an RFE.

If you are considering a Day 1 CPT school, our experts are here to help! Get a free consultation today to ensure you are on the right track for a hassle-free U.S. journey.