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Posted

I am an F-1 student in the US. Summer of 2024, I worked at a company on CPT authorization. At the end of the summer I accepted a return offer to join the company when I graduate, starting in October 2025. I am not currently working for the company but as part of the return offer, the company provides me a stipend, to help us with covering costs / expenses associated with certain professional examinations and certifications we have to apply for and pass prior to joining the company. I was already given and accepted part of the stipend in December 2024, and the second stipend will be coming in May 2025. 

 

I have a few questions regarding this. (1) Am I allowed to receive this stipend, or is that a breach of my F-1 Visa. From my understanding relocation stipends are generally allowed to be accepted by non authorized employees, so my gut tells me this is similar, but I can't find any verification of this.  (2) if this is not allowed and a breach of my F-1 Visa, what do I do now, can I return it somehow? 

Filed: K-1 Visa Country: Wales
Timeline
Posted

CPT allows payments

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Timeline
Posted

How are they planning on hiring you in October 2025?  If it is on OPT, accepting the stipend payments may be viewed as on-going, continued payment under your CPT, which could essentially extend the amount of time spent on CPT to a full year.  If that happens (a year of CPT), you are not eligible for OPT if in the same degree program.  You need to review this carefully.

Posted

Haven't discussed the specifics yet. But I am Canadian and qualify for TN. So I supposed one of OPT, TN, or H1B. But ideally OPT, then H1B/TN. 

 

How would this extended CPT / continued payment under CPT work? My CPT authorization for this job ended in August 2024, once my job ended. So if this were to be categorized as a "CPT payment" would I  be allowed to receive it since I am not currently working and don't currently have CPT authorization? 

 

If this is not treated as an extension of my CPT, how else could the stipend be viewed? Are there any other paths for this being allowed? 

 

And thank you for the help here! I'll definitely seek out an immigration attorney for more concrete details, but just want to get a better overview before I look into it more. 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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