Out-of-Status question

[Yodrak 7]

Mrs. Forgetful,

I mean that if you want to know when status expires look at the I-94, not the visa.

Yodrak

Mrs. Forgetful,

You [have] a lot of company in confusing a visa with allowed period of stay in the USA, but do note that the question asks when status expires not when the visa expires.

Yodrak

Not quite sure what you mean, but I'll go look at the I-485 again.

Edited September 6, 2006 by Yodrak

[Dr_LHA 3]

I assume she's worried that she might have filled in the form wrong?

Mrs. Forgetful,

I mean that the visa is not the issue, status is the issue. Visa expiration does not determine the period of status, the CBP officer who does the entry inspection at the POE determines the period of status and indicates it on the I-94.

Yodrak

Isn't it even more strict that that? I mean if you enter the USA on an F-1, and the CBP stamps your I-94 as valid for 2 years, then you quit school a month later, you are out of status right there and then and required to leave, despite what it says on your I-94.

[Mrs. Forgetful 2]

I assume she's worried that she might have filled in the form wrong?

I'm not worried at all. His I-94 didn't have an expiration date either. We called USCIS and they told us to put the date of his Visa. I did what I was told. I was asking the original question for someone who asked me and I wanted to make sure i didn't give false information. But I think I am goign to just tell him to call USCIS.

[Yodrak 7]

dr_lha,

I'm not familiar with F-1 status specifically and how the CBP officer might mark the duration of stay on the I-94. I do know that for some non-immigrant classifications there is an indeterminate period of stay based on the activity to be engaged in, not a specific period of time, and in at least some such cases the I-94 might be marked 'duration of stay' or some such. F-1 might be one of those cases.

So yes, one does have to be aware of conditions that might apply to the duration of their status and know how to determine when their status will end given those conditions. Zyggy can address this issue far better than I, I believe.

Yodrak

I assume she's worried that she might have filled in the form wrong?

Mrs. Forgetful,

I mean that the visa is not the issue, status is the issue. Visa expiration does not determine the period of status, the CBP officer who does the entry inspection at the POE determines the period of status and indicates it on the I-94.

Yodrak

Isn't it even more strict that that? I mean if you enter the USA on an F-1, and the CBP stamps your I-94 as valid for 2 years, then you quit school a month later, you are out of status right there and then and required to leave, despite what it says on your I-94.

Mrs. Forgetful,

As for getting the answer to the question from the USCIS misinformation line, do be aware that the government cannot be held responsible for the problems created when it (the government) dispenses incorrect or misleading information. Fortunately, giving incorrect information for this item should not in and of itself be a significant problem - the USCIS case officer will be able to determine the correct information.

Yodrak

I assume she's worried that she might have filled in the form wrong?

I'm not worried at all. His I-94 didn't have an expiration date either. We called USCIS and they told us to put the date of his Visa. I did what I was told. I was asking the original question for someone who asked me and I wanted to make sure i didn't give false information. But I think I am goign to just tell him to call USCIS.

Edited September 6, 2006 by Yodrak

[Mrs. Forgetful 2]

Now I am realy confused..... your signature shows you have already filed for AOS....

Am I missing something here???

Kezzie

Kezzie-

Don't be confused. I did file AOS already. I wasn't asking for myself. Thanks for your help.

Janine

[Dr_LHA 3]

dr_lha,

I'm not familiar with F-1 status specifically and how the CBP officer might mark the duration of stay on the I-94. I do know that for some non-immigrant classifications there is an indeterminate period of stay based on the activity to be engaged in, not a specific period of time, and in at least some such cases the I-94 might be marked 'duration of stay' or some such. F-1 might be one of those cases.

So yes, one does have to be aware of conditions that might apply to the duration of their status and know how to determine when their status will end given those conditions. Zyggy can address this issue far better than I, I believe.

Yodrak

Yodrak, I work at a University so know a lot of people on F-1. F-1 is definitely a visa that is only valid as long as you are an enrolled student, or have OPT work authorization. There may be a "grace period" where you are allowed to remain in the USA after leaving school (for graduation, job hunting etc), but basically you go out of status once you leave school, and the visa is no longer valid. For this reason F-1 visas usually last a long time, and usually only have to renewed (as in getting a new stamp) every 4-5 years.

I know for a fact that some schools have a policy of informing ICE and/or USCIS when a student leaves school, especially early. I believe this policy was enacting in light of the fact that some of the 9/11 terrorists entered the country on F-1s and ended up leaving/not going to their schools.

I'm not worried at all. His I-94 didn't have an expiration date either. We called USCIS and they told us to put the date of his Visa. I did what I was told.

Because USCIS never give out incorrect information over the phone, do they?

[Mrs. Forgetful 2]

I'm not worried at all. His I-94 didn't have an expiration date either. We called USCIS and they told us to put the date of his Visa. I did what I was told.

Because USCIS never give out incorrect information over the phone, do they?

I'm not saying they don't give out incorrect information over the phone. But we also had an appointment and talked to a lady who said the same thing. Plus, if they gave me wrong informantion, they'll just send it back and we'll fill it out again and send it on back.

There is a 60 day grace period where you are still considered F-1 status after OPT. IT's where you are supposed to get all your affairs in order and decide if you are going to go back to school, find a job, or go home. As for the I-94, there wasn't an expiration date it stated to look at the F-1.