H4 to F1 - Change by Travel Abroad - Impact of Practical training eligibility

[kitchu2k]

My Wife studying master's at university taking full-time courses on H4 visa for Fall 2007 & Spring 2008. In May 2008, we went to Mexico to Change status from H4 to F1 (So F1 effective from Summer). In summer she is
maintaining required hours to be full-time student. She is planning to apply for CPT from August 2008 (Fall Semester) but the school is denying saying that they wrongly advised her before and because she got F1 visa by
traveling, somehow the full-time study she did on H4 does not count and she has to put in 9 more months of full-time study to be eligibe either for CPT/OPT. Is this accurate? They say that if she had applied for change of status by staying in USA, then she would have been fine. According to CPT/OPT eligibility rules per USCIS site, as long as a candidate has put in 9 consecutive months of full-time study in a valid non-immigrant
status (H4 is valid) and is on F1 at the time of application and never been out of status is eligible for CPT/OPT. Please advise if anyone even heard of this. I researched web for days and yet to find anything on this. Interestingly school is yet to show any legal rule to substantiate their view point.

[txh1b]

The school is right. The person should have been on F1 status for 9 months to be eligible for CPT AFAIK. H4 does not count.

[kitchu2k]

Hi, Thanks for the response. Actually, school does not contest or require that a person is on F1 for 9 months. The only problem they have is that change of status was outside the country. Also, please see the following eligibility clarification from USCIS site ...

"...Thus, an alien who attended school in lawful nonimmigrant status prior to changing status to F-1 is permitted to count the time spent on campus towards the nine-month in status requirement for practical training. This special provision is intended for lawful nonimmigrants, such as J-1 students or dependents of A,E,F,G,H,J,L, and N visa categories, who were enrolled as full-time students at an INS-approved school immediately before changing status to F-1. Aliens who are attending school in the United State s in violation of their status may not derive benefits from this provision. (TM 4/90) " (Vide : OI 214.2 (d) )

[txh1b]

How the student changes the status is of little importance. It could be through COS or a visa.