Jump to content
visajourney22

F1 visa and graduation(practical training)?

 Share

10 posts in this topic

Recommended Posts

Hello Members

I'm in a stressful situation and would love to get any help that I can receive from you.

I moved to the US to join my Husband(we came from canada) and so he was on a TN visa. Then, he moved to a H-1B. I wanted to live with him and entered on a H visa too. Later, I decided to join graduate school and now I have completed one semester. For the purpose of, allowing me to obtain practical training, I was about to initiate my change of status to the F-1 visa( I can do this in canada too, but I don't want the hassle of travelling back and forth!). So I got the list of documents from my school such as I-20 and other documents tht I would need to send to USCIS.

Now, the problem is, when I met my International students office about this change of status, I was told tht I would not be eligible for practical training(post-completion OPT) since I only have 2 more semesters to graduate and the F-1 rule is that I need to be on F-1 for 1 year(2 semesters) to be able to apply for this EAD.

As far as I know, this is not true. I know many who have been in this situation and have still managed to apply for the EAD. MY school does not agree. So what are my options now?

If I choose to leave US without any practical work experience, then I'm afraid my degree/education may nit carry as much value as it is expected to! and moreover, I would want to make some money too.

I was thinking of the following:

1. Graduate one semester later(May 2013 instead of Dec 2012). But this is going to be a pain becaise of some family issues(long story, can share later).

2. Talk to USCIS and obtain a confirmation - not sure if USCIS even does this

3. Talk to an attorney to convince my school.

ANY HELP is appreciated.

Edited by visajourney22
Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: India
Timeline

Are you in a Graduate course that only requires 3 semesters to graduate?

That does not sound right in first place… I could be mistaken.

I have never heard of anyone getting a OPT after completing just 1 semester.

If your DSO does not agree and would not be willing to sign your i-20 don’t think USCIS would do anything about it.

From your post it is not clear are you on F1 or H4? If you are already on H4 there is no change of status so not sure what you are talking about.

H4 cannot get OPT.

Link to comment
Share on other sites

Are you in a Graduate course that only requires 3 semesters to graduate?

That does not sound right in first place… I could be mistaken.

I have never heard of anyone getting a OPT after completing just 1 semester.

If your DSO does not agree and would not be willing to sign your i-20 don’t think USCIS would do anything about it.

From your post it is not clear are you on F1 or H4? If you are already on H4 there is no change of status so not sure what you are talking about.

H4 cannot get OPT.

My graduate program requires 36 credits. I plan to take 12 credits every semester and graduate at the end of the third semester. That makes it total 3 semesters.

Here is a link http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-17197/0-0-0-17800.html that mentions we need to be in a full-time status for one year prior to aplying for practical training(not necessarily F-1) and also be in F-1 status while applying for OPT.

I have applied for a Change of status(I-539) to F-1.

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: India
Timeline

My graduate program requires 36 credits. I plan to take 12 credits every semester and graduate at the end of the third semester. That makes it total 3 semesters.

Here is a link http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-17197/0-0-0-17800.html that mentions we need to be in a full-time status for one year prior to aplying for practical training(not necessarily F-1) and also be in F-1 status while applying for OPT.

I have applied for a Change of status(I-539) to F-1.

That annswers both your question one has to be full time student for 12 months (2 semester) and be in F1 status.

Link to comment
Share on other sites

That annswers both your question one has to be full time student for 12 months (2 semester) and be in F1 status.

Thank You.

Yes, but my question is does this full time student have to be in F-1 status?

While I was just searching the internet, I found this:

"An F-1 student need not have been specifically in F-1

status for one full academic year, provided he or she was lawfully

enrolled as a full-time student at a service-approved

school in another nonimmigrant status that does not

prohibit full-time study (INS Operations Instructions

214.2(f)(14)(ix))"

Source: http://www.nafsaregionxi.org/conference/2010Conference/materials/downloads/opt.pdf ( Page 5)

Edited by visajourney22
Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: India
Timeline

Thank You.

Yes, but my question is does this full time student have to be in F-1 status?

While I was just searching the internet, I found this:

"An F-1 student need not have been specifically in F-1

status for one full academic year, provided he or she was lawfully

enrolled as a full-time student at a service-approved

school in another nonimmigrant status that does not

prohibit full-time study (INS Operations Instructions

214.2(f)(14)(ix))"

Source: http://www.nafsaregionxi.org/conference/2010Conference/materials/downloads/opt.pdf ( Page 5)

Student has to be in F1 status when they apply for OPT.

Say you have 4 yr course student can be on H4 or something for 1st year, but if student is looking to get OPT then they need to transfer to F1.

I guess my post#4 was not clear that one has to be in F1 status for OPT.

Edited by Harsh_77
Link to comment
Share on other sites

Student has to be in F1 status when they apply for OPT. Ok,I got that.

Say you have 4 yr course student can be on H4 or something for 1st year, but if student is looking to get OPT then they need to transfer to F1.so my question is what happens if we change the visa just before the last year of study(this is my situation)?

I guess my post#4 was not clear that one has to be in F1 status for OPT.

Thanks Harsh_77 for all your help

SEVIS Helpdesk: +18008924829

email: SEVP@dhs.gov

There is more information on their website: http://www.ice.gov/sevis/contact.htm

Thank You! Edited by visajourney22
Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...