Navigating University Transfers During Day 1 CPT: Understanding RFEs and Compliance

Overview

Transferring between universities while on a Day 1 Curricular Practical Training (CPT) program is a significant decision for many international students. However, it’s crucial to understand the potential impact on H1B visa applications, particularly the risk of receiving a Request for Evidence (RFE) from the United States Citizenship and Immigration Services (USCIS).

Understanding RFEs in the H1B Process

A Request for Evidence (RFE) is an official USCIS request for additional documentation to evaluate an H1B visa application. Receiving an RFE does not mean a visa denial, but it does indicate that USCIS needs further clarification regarding your case. Common reasons for RFEs include:

• Discrepancies in documentation
• Insufficient Proof of maintaining valid F-1 student status
• Questions regarding the legitimacy of Day 1 CPT employment

Day 1 CPT and University Transfers: Potential Red Flags

Day 1 CPT allows students to start practical training from the first day of their academic program. While this provides valuable work experience, frequent university transfers using Day 1 CPT can trigger scrutiny from USCIS. This is because multiple transfers may appear to be an attempt to circumvent immigration regulations, increasing the likelihood of an RFE.

According to USCIS data from 2022, nearly 9% of H1B applications received RFEs, most of which were approved after proper documentation submission.

Best Practices for Transferring Universities on Day 1 CPT

If you need to transfer universities while on Day 1 CPT, follow these best practices to reduce the risk of an RFE:

1. Maintain Comprehensive Documentation

Keep all necessary records related to your Transfer, including:

✔ Admission letters

✔ SEVIS transfer forms

✔ Updated I-20 documents

✔ Correspondence with university officials

2. Demonstrate Continuous Legal Status

Ensure compliance with F-1 visa requirements by maintaining:

✔ Enrollment verification

✔ Transcripts

✔ Attendance records

✔ Proof of on-campus classes (if required)

3. Clarify Employment Relevance

Your CPT employment must be directly related to your field of study. Maintain:

✔ Job descriptions

✔ Offer letters

✔ Employer agreements confirming academic relevance

4. Provide Financial Proof

Show that you can cover tuition and living expenses, reinforcing the legitimacy of your student status.

5. Clearly State the Reason for the Transfer

Have a well-documented explanation of your Transfer, ensuring it aligns with your academic and career goals.

Conclusion

Transferring universities on Day 1 CPT is possible but requires careful planning and thorough documentation. By following best practices, international students can successfully navigate transfers while reducing risks associated with RFEs and ensuring compliance with USCIS regulations.

People Also Ask (PAA) Section

1. What is Day 1 CPT?
   • Day 1 CPT allows F-1 visa students to start working from the first day of their academic program as long as it is part of their curriculum.
2. Can frequent university transfers affect my H1B visa application?
   • Yes, multiple transfers may raise concerns about maintaining valid student status, increasing the risk of an RFE.
3. How can I reduce the risk of an RFE when transferring universities on Day 1 CPT?
   • Maintain complete documentation, ensure your employment is related to your studies, and have a valid reason for transferring.
4. What should I do if I receive an RFE related to my Day 1 CPT?
   • Respond promptly with all requested documents, including Proof of legal status, employment details, and academic records.
5. Does using Day 1 CPT impact my OPT eligibility?
   • If you use full-time CPT for 12 months or more, you may lose eligibility for Optional Practical Training (OPT).
6. Is Day 1 CPT legal?
   • It is legal when offered by accredited universities and tied to an academic program requiring practical training.
7. Can I work full-time on Day 1 CPT?
   • Yes, full-time work is allowed if your university authorizes it for your program.
8. What documents are required for Day 1 CPT authorization?
   • You typically need a job offer letter, Proof that the job is part of your curriculum, and CPT approval from your school’s Designated School Official (DSO).
9. How does USCIS verify my compliance with Day 1 CPT rules?
   • USCIS may request transcripts, Proof of enrollment, employment letters, and evidence that you maintained F-1 status.
10. Can I change employers while on Day 1 CPT?

Yes, but you must obtain new CPT authorization from your DSO before starting a new job.