Hello Rajiv Sir, My wife wants to do Masters and she is currently on H4 without EAD as I am awaiting PWD approval and other steps in the process.
My question is can she transfer from H4 to Day-1 CPT through F-1 by filing I-539? Also, If we do only 363 days of day-1 CpT, can she get opt and stem opt?
Once your wife obtains a change of status to F-1, she should be able to get CPT authorization if the school meets all the other requirements. Note that one year of full-time CPT takes away your eligibility for OPT. The regulations do not mention 363 days leading to disqualification. The regulations also provide an exception to the one-year bar for some graduate students. https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-214/se…. Source 8 CFR 214.2(f)(10)(i)