CPT / OPT timing strategy — F-1 work authorisation roadmap

Build a CPT/OPT roadmap for [CLIENT_NAME] in [PROGRAM] ([PROGRAM_START] to [PROGRAM_END]). STEM-eligible: [IS_STEM].

§1 — CPT FRAMEWORK (110-140 words)
Curricular Practical Training (8 CFR §214.2(f)(10)(i)) is paid or unpaid off-campus work that is "an integral part of an established curriculum." Requirements:
  • Enrolled full-time at [INSTITUTION] for ≥1 academic year (waived for graduate programs requiring immediate practical training)
  • Employment directly related to major
  • Authorised by DSO BEFORE start (school updates SEVIS, issues new I-20 with CPT endorsement)
  • Part-time CPT (≤20 hrs/week) OR full-time CPT (>20 hrs)
TRAP: 12+ months of full-time CPT = forfeits OPT eligibility (8 CFR §214.2(f)(10)(i)(B)). Indian-cohort common error: stacking CPT for "day-1 CPT" schools to start work immediately — many such programs trigger DOL/USCIS scrutiny and have produced 214(b) refusals on re-entry.

§2 — POST-COMPLETION OPT (110-140 words)
Optional Practical Training (8 CFR §214.2(f)(10)(ii)) — 12 months of work authorisation per education level. Filing:
  • Form I-765 to USCIS (mail or online via myUSCIS)
  • Application window: up to 90 days BEFORE program end, up to 60 days AFTER
  • Filing fee: USD 410 [VERIFY] (current as of 2024 USCIS fee schedule revision — verify current)
  • DSO recommends OPT in SEVIS and issues new I-20; student then files I-765
  • Cannot work until EAD card issued (90-day processing average, with 180-day automatic extension introduced in 2023 for timely renewals)
  • Work must be in field of study; unemployment cap: 90 days during 12-month OPT

§3 — STEM OPT EXTENSION (90-120 words)
For [IS_STEM] = Y: additional 24-month extension available under 8 CFR §214.2(f)(10)(ii)(C). Requirements:
  • Bachelor's, Master's, or PhD in DHS-designated STEM field (current STEM list at ICE.gov)
  • Employer enrolled in E-Verify
  • Formal training plan on Form I-983 ("Training Plan for STEM OPT Students")
  • File I-765 + I-983 BEFORE current OPT expires
  • 6-month and 12-month evaluations of training progress mandatory
  • Employer cannot replace US worker with STEM OPT trainee
Total cumulative F-1 work authorisation if STEM: 12 (OPT) + 24 (STEM) = 36 months.

§4 — H-1B INTERPLAY (80-110 words)
Most Indian STEM-cohort students transition F-1 → H-1B. Strategy:
  • OPT + STEM OPT gives 3 attempts at H-1B cap-registration lottery (March each year)
  • Cap-Gap regulation (8 CFR §214.2(f)(5)(vi)) extends F-1 + OPT automatically through October 1 if H-1B petition filed before OPT expiry
  • H-1B petition + change-of-status from F-1 = no need to leave US
  • If unselected in lottery and OPT runs out: must depart US or change to another status

§5 — COMMON INDIAN-COHORT MISSTEPS (50-70 words)
  • Day-1 CPT schools (some Indian-marketed) — re-entry refusal risk
  • Unemployment cap breach during OPT (>90 days unemployed)
  • Working before EAD physically in hand
  • Forgetting to report employer + address to DSO within 10 days (10-day reporting rule)
  • Filing STEM extension late (must be in EAD-valid period when filed)

§6 — TIMELINE WORKED EXAMPLE (40-60 words)
Program end [PROGRAM_END] → file I-765 90 days prior → EAD ~3 months later → 12-month OPT → [if STEM] file STEM extension 90 days before OPT expiry → 24 more months → H-1B lottery attempt years 1, 2, and 3 if needed.

End with: "DRAFT CPT/OPT ROADMAP — for U.S. immigration attorney + designated school official (DSO) review. Indian consultant cannot file I-765 on student's behalf; this is planning support only. Verify current I-765 fee + processing time at USCIS.gov."