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How many hours can i work legally on CPT?

San Francisco, CA |

I am a fulltime student on F1, currently doing my CPT. I am working over 40 hours per week and getting paid for overtime. My intentional advisor says, there is a minimum of 40 hrs i have to work but no maximum. I had a few questions below, can anybody please help me with them?

1. Am i legally allowed to work more that 40 hours?
2. Can i legally get paid for overtime?
3. Does working more that 40 hours eat into my OPT time?

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Attorney answers 3

Posted

Ask the DSO. They should be advising you all along on this one.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

Posted

Your question is a little bit confusing. Please clarify whether you are asking about working on CPT or OPT. If it is OPT, are you on a STEM extension? You also mentioned in the first part of your question that you are "a fulltime student." Are you currently enrolled and attending classes. If so, then the maximum hours you may be able to work is 20 hours. If you clarify this information I may be able to help you a little more.

Asker

Posted

Hi Jason, The question is more on CPT. I am enrolled and attending classes. As part of my internship, i am working on CPT for more that 40 hours. My internship counts to being 6 credits for my coursework. I am approved by DSO to work for atleast 40 hours/week on my CPT. Can i work more than that? Let me know if i can be more clear.

Jason Daniel Klein

Jason Daniel Klein

Posted

This really is a question for your DSO. You should set an appointment to discuss. However, from what I understand, I would anticipate that your DSO might give you the following answers to your questions above. 1) yes it is okay to work overtime on CPT (as long as you are authorized for full time employment), 2) yes it is okay to accept pay for your overtime work, and 3) no, it will not effect the length of your CPT authorization (1 year I assume). However, do not rely on this, my "best guess" for an answer - you should talk to your DSO right away.

Asker

Posted

Got it. Thanks Jason. That answers my question. Will talk to DSO for more clarification.

Posted

There are many restrictions on CPT depending on the number of units taken - on campus job, maximum number of hours and work related to field of study. I would start by talking to my DSO.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.