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How could working under CPT affect my I-526 application?

I am currently on an F-1 visa working full time under STEM OPT. My OPT will expires soon, and I plan to enroll in a CPT school which allows me to work full time from the first day of enrollment. Meanwhile, I have filled my I-526 petition and it is still pending. Will working under CPT affect my chances of I-526 or DS-260 approval?

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Having an I-526 filed may affect continued nonimmigrant status like the F-1. Now I think the chances are pretty low that it does, but relatively it is more of a concern than legally working under CPT affecting the DS-260 or I-526.

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    Ed Beshara

    Immigration Attorney
    Answered on

    Complying with the CPT regulations will still allow you to apply for conditional permanent residency after your I-526 petition is approved.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If it is a legitimate CPT grant, it should not be. But if it is phony and similar to some of the other schools, some of which were run by ICE, and there are misrepresentations, then there will be problems for you.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    No. Having worked under CPT will not affect your EB-5 petition processing.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    No, your I-526 petition won't be affected just because you're on CPT.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    No. It should have no bearing at all. Students who are still enrolled in school under F-1, have completed their studies and are working under OPT, or are still enrolled in school but working under CPT, are permitted to apply for EB-5. Most of the applications we see from the student population are of this nature. You just need to be careful not to accumulate unlawful presence in the U.S. if your CPT expires and/or if you are no longer in school and therefore have no valid status in the U.S. In that case, you should immediately leave and wait for the approval of your I-526 application back home. Once you obtain it, you should proceed with a consular interview for the conditional green card through filing DS-260. When you receive your I-526 approval, if you are still a student in the U.S. with or without CPT, you can proceed to adjustment of status by filing Form I-485.

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    Hassan Elkhalil

    Immigration Attorney
    Answered on

    It should not.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    CPT is tricky, as there is a limit of 12 months on this to "maintain status."