Can I work during the transition from OPT to CPT?

When you do not have a work permit during the transition from OPT to CPT, there are usually two ways to deal with it: rehire and unpaid leave. Both methods have their own advantages and disadvantages, depending on the company’s policy and your situation. The following is a detailed comparison of the two methods:

1. Rehire

How to operate:

• You officially resign when your OPT expires and no longer have an employment relationship with the company.
• After your CPT is approved, you can reapply or negotiate with the company for rehire and rejoin the company.

advantage:

• Legal and compliant : During the period of separation, you do not have any employment relationship or work activities, so you are fully compliant with immigration laws. During the transition period from OPT to CPT, you will ensure that you will not violate the law due to work permit issues.
• Flexibility : If your company has a policy that prohibits unpaid leave, leaving and rejoining is a legal and reasonable option.
• Restarting your contract : Once you are rehired, you can renegotiate your working conditions with the company and may have the opportunity to update the terms of your contract or reassess your salary and responsibilities.

shortcoming:

• Loss of employee benefits : During the period of leaving the company, you may lose the benefits provided by the company, such as medical insurance, pension plans, etc., and you will need to bear the benefit gap during this period personally.
• Re-entry procedures : Re-employment often requires re-signing labor contracts, conducting background checks, HR procedures, etc., which may lead to some cumbersome procedures.
• Uncertainty : The company does not necessarily promise to rehire you after CPT is approved. You need to confirm with the company that they are willing to keep your position.

2. Nonpaid Leave

How to operate:

• You maintain your employment relationship with the company, but because you do not have work authorization during the transition from OPT to CPT, you temporarily enter unpaid leave until you resume work after CPT is approved.

advantage:

• Retain employee status : During unpaid leave, you are still an employee of the company, just temporarily not working, which can maintain job continuity and reduce the cumbersome procedures for re-entry.
• Continue to receive benefits (maybe) : In some cases, your company may allow you to continue to receive certain employee benefits, such as health insurance, during your unpaid leave, although this depends on the company’s policy.
• Job stability : You do not need to worry about re-employment, your position will be retained, and you can return to work directly after CPT is approved.

shortcoming:

• Company cooperation is required : Not all companies have unpaid leave policies. Some companies may not have this option or are unwilling to provide unpaid leave to employees.
• No income : During unpaid leave, you will not have any source of income, which can be financially stressful for some employees.
• Time Limits : Unpaid leave is usually limited in time, and if your CPT approval process is delayed, it may result in the company being unable to retain your position for long.

Comparison between the two:

Features	Rehire after leaving a job	Unpaid leave
Working Relationship	Need to formally resign and re-employ	Maintain labor relations and suspend work
Simple and complex procedures	Re-entry procedures are required, and there are many processes involved	No need to re-enter the job, simple processing
Employer’s wishes	Uncertainty about whether companies are willing to rehire	The company needs to agree to provide unpaid leave
Welfare status	You may lose benefits and you have to bear the cost yourself	Some companies may continue to offer benefits
Economic impact	No income during the period of leaving the company, and it will be restored after re-entry	No income during unpaid leave, then restored
Legal Compliance	Completely legal, avoiding any work permit issues	Completely legal, avoiding any work permit issues
Job stability	Uncertainty about rehiring	Retain jobs and have higher job stability

Which method is right for you?

• If your company supports unpaid leave and you wish to maintain your employee status and position stability, unpaid leave may be a more ideal option as it does not interrupt your employment relationship and reduces the red tape required to rejoin your company.
• If your company does not have an unpaid leave policy or has flexible working hours, you can also consider rehiring after leaving the company. After reapplying for CPT, if the company is willing to rehire you, you can resume work legally and compliantly.

Regardless of which method you choose, it is recommended that you communicate with your company, school’s international student office (ISO/DSO) and immigration attorney in advance to ensure that the timing of the CPT application will not affect your status or future career plans.

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Nonpaid Leave Letter Template

During the period of OPT switching to CPT, due to the lack of work permit, the company can provide the employee with an English letter of unpaid leave. This letter needs to be concise and clear, explaining that the employee temporarily does not have a work permit due to the conversion of OPT and CPT, so the company allows him to take unpaid leave. The following is a sample template: