What to do when worked without cpt?

Question

Hi, I graduated college in May, 2024 and I am planning on going to graduate school in August. I just found out that my cpt extension wasn't done for the internship that I did in the spring semester. I have worked the same internship in the last summer and fall, which I did with valid CPT. I asked for cpt extension to my DSO for the spring term, but I didn't check the I-20 myself before starting, just thinking it was done already. I talked to my DSO about it, and she said there is nothing she can do or I can do about it now. She told me to proceed with the process for getting the new I-20 with my graduate school and just hope that nobody finds out that I worked. What she says is that I won't get found out unless they compare my tax record and cpt record, even for opt and h1b or greencard application. I don't know how much I should trust this. I want to know what I can do in this situation and if I don't do anything right now, whether if I can go to graduate school without trouble.

James L. Arrasmith · Answer

I'm sorry to hear about your situation with the CPT extension. Working without proper authorization can potentially have serious consequences for your immigration status. Here are a few thoughts on your situation: 
 
1. Your DSO is correct that there is not much that can be done retroactively to fix the unauthorized work. CPT needs to be authorized before the work begins.  
 
2. Proceeding with your graduate program should be fine as long as you have a valid I-20 from the new school with a new SEVIS ID number. The unauthorized work wouldn't impact your ability to begin a new academic program. 
 
3. The bigger concerns are potential issues down the road when applying for future benefits like OPT, H-1B or green card. There is always some risk that the unauthorized employment could be discovered.  
 
4. USCIS does not systematically compare tax records to CPT authorizations for every applicant. However, if for some reason your case raises a red flag that leads them to scrutinize your immigration history closely, it's possible the unauthorized work could be found that way. 
 
5. If applying for future benefits, you have an obligation to answer application questions truthfully, which includes questions about unauthorized employment. Not disclosing it would be immigration fraud. 
 
My recommendation would be: 
- Consult with an experienced immigration attorney to assess the risks in your specific case and get advice on how to proceed 
- Be extremely diligent going forward about ensuring you have proper work authorization before beginning any employment  
- Keep records showing you acted in good faith and any communication about the CPT extension request 
- If the unauthorized work is discovered later, be prepared to make the case that it was an inadvertent, one-time error and you have been diligently complying with immigration laws otherwise 
 
I know it's a stressful situation but getting legal advice can help you understand your options and make informed decisions. Wishing you all the best with your graduate studies.

Q: What to do when worked without cpt?