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The F1 student is in the US. I read conflicting answers. E.g., https://www.avvo.com/legal-answers/can-i-apply-for-a-cpt-application-with-pending-aos-2179596.html says yes and no.

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  • You got two conflicting answers from two attorneys, what makes you think you'll get a better answer here? It's either "yes" or "no" and you have both versions already. Practically speaking it would be meaningless, if you already applied for EAD under one criteria - why apply again under a different and more restrictive one, even if you're eligible?
    – littleadv
    Oct 10, 2022 at 20:03
  • @littleadv attorneys aren't always right.
    – Franck Dernoncourt
    Oct 10, 2022 at 20:05
  • Clearly, one of those is wrong. But does it matter which? Why?
    – littleadv
    Oct 10, 2022 at 20:05
  • @littleadv student wants to intern before getting EAD/green card (can take >1y).
    – Franck Dernoncourt
    Oct 10, 2022 at 20:06
  • Students can intern with unrestricted EAD, why ask for a restricted one? Since they already applied for unrestricted one, which is essentially automatic, there's no reason to believe that the restricted one (which actually goes through manual approval) would come faster. There's absolutely no sense in this course of action.
    – littleadv
    Oct 10, 2022 at 20:07

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There's absolutely nothing about immigration intent in the CPT eligibility. The second attorney is wrong.

That said, as I explained in the comments - it would make no sense to do this. I-765 filed concurrently with (or based on) pending I-485 is processed automatically. CPT requires manual approvals from the DSO and USCIS to confirm eligibility of the program and the student. If the first one has already been filed, the chances of getting the second one approved sooner are slim at best and even then the time difference would be insignificant.

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    CPT requires approval by the school DSO only. The approval must be entered in SEVIS and printed on the I-20, but no manual approval by the government. Depending on school policy it might be approved very fast.
    – krubo
    Oct 13, 2022 at 8:36

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