Day 1 CPT and apply COS from H4 to F1?

USA F1 Visa
1

Hi Guys,
Need a suggestion. My wife has enrolled for Day1 CPT from Cumberland university. My current h1 visa and her h4 will expire on 28th FEB.
Extension is in progress.
Which is better opinion for her F1 visa?
COS from H4 to F1 or applying new F1 from India after H4 expiry?

Wait time for COS at Vermont Center is upto 12months. I’m thinking new F1 from India is better idea.
Any thoughts on this?

2

I strongly recommend to NOT go for day 1 CPT

First and most important thing, Day 1 CPT is a dangerous thing to do. There can be very serious consequences after USCIS 2017 policy changes with respect to ‘unlawful presence’.

H4 to F1 COS has conflict of intent

F1 stamping in India when changing from H4 to F1 - rejection rate is high as F1 is not a dual intent visa.

I have covered this here earlier:

3

Hi Anil. Thanks for your reply.
Since her H4 will be expired in feb 28th. It will be new F1 petition and won’t be considered as COS.

Could you please share more details about this policy?

4

Read this:

5

Hi @Anil_Gupta

My wife has applied for COS from H4 to F1. This is my wife’s first masters in USA and we are planning to go for Day 1 CPT offering school. Although she wont star her work from day 1 of her enrollment because her COS will take at least couple of semesters, and in third semester she will plan to start her work. Will there be still an issue?

6

Yes, there can be very serious consequences if you are option for Day 1 CPT at the time of H1B application.

I strongly suggest to stay away from Day 1 CPT course.

7

What if she never uses Day 1 CPT, just attend hybrid course. And gains OPT, and then apply for H1B? Also could you please mention what consequences might come in CPT?

8

Not sure what you mean by ‘Hybrid course’?

If she studies regularly like a full time or part time course should be, she is fine.

To know the consequences, please read the article linked above.