F-1 Visas

 
  I have an OPT that expires on May 31st 2007. My question is do I need to leave on the day that it expires or is there a legal period that I can remain in the country after May 31st 2007. I want to stay for two more weeks and travel.

1. You can remain in the country for a maximum period of 30 days from the time your work permit expires.
2. Please talk to your attorney before you plan your travel.

 
  I am currently in Los Angeles on an H4 visa. I have just been admitted to Cal state university at LA for my MBA which starts on Jan 2nd 2007.I want to pursue the MBA on an F1 visa for which I have not yet applied, but will be doing so by the 1st of Dec 2006.Is it too late to apply for the visa change if there is only 1 month left before the start of the course? Also, my MBA is a 1 year course, my pre requisites have been waived off due to the fact that my bachelors were in Business management. Will I be eligible for the OPT after a 1 year course on the F1 status? My primary concern is this: will my status be considered as F1 from the day I apply for visa change (1st week of December)/ from the day I join school (2nd Jan) / or from the day I receive the F1 visa (which could be about 2 months after school starts). Will I have to apply for my OPT 12 months after I apply for F1 / start school / receive F1? This is important because if my F1 status is considered from the day I receive the F1 visa, 2 months after school starts, then I cant apply for the OPT before the end of the 4th quarter of MBA (that will be 10 months after I receive the F1). In this case I will have to go ahead and do one extra quarter of 3 months course work in order to complete 12 months as required for OPT. On the other hand if I am considered on F1 status from the time I apply / start school, then I can apply for my OPT before the end of the 4th quarter.

1. . It is never too late to apply for a visa change since the I-120 / approval from the university for F1 visa normally takes 2-4 weeks.
2. From our understanding of the OPT, you will be eligible for the same if you complete your masters degree with the required credits.
3. Your status for F1 will be considered from the day the school approves and sends the F1 visa.
4. You can apply for your OPT when your course is completed and you have the required credits for getting the degree certificate.
5. Your OPT can start 30 days from the day your course ends.
6. To be on the safe side, we recommend that you do one extra quarter of course work.
7. Please talk to your university's attorney before you take any decisions.

I have a very similar question to what was answered in the FAQ. I was working for an MNC for 2 years, terminated in Feb 2006. I'm currently in US on an F1 visa. The company I was working for is interested in hiring me on an L1 visa. My question would be: can they process this while I'm here on the F1 visa? Your answer in the FAQ indicated that this is possible. If so can you please explain the procedure.

Our understanding of the L-1 visas is as follows:

1. You are eligible to apply for an L-1 visa provided you have worked overseas for your current employer for a continuous period of over 1 year.
   
   
2. In your case you have been in the US on F1 for the last 2 years. This means that your company cannot process an L-1 for you unless your company's lawyer has found new loop holes.
   
   
3. We recommend that your company applies for an H1 for you under the category of people with US degrees (assuming you have completed US postgraduate degree/ certification)

I have a 10 year multiple entry tourist visa for US. Right now I am in US and this is the third time I have come to US. I got my I 20 as I have got admission in a master's program here in US. I want to get my F1 visa now. Can I get my tourist visa converted into an F1 visa here in US itself or do I have to go back to India to get an F1 stamped? And if I have to go to India and for some reason if they reject my F1, then will it effect my Tourist visa? Is it possible that they might not give me an F1 and also cancel my B2 visa? In case they do not cancel my tourist visa, then are there any chances that when I will come back to US on a tourist visa then I might have to face some problem at the port of entry in US?

1. You can start studying using your F1 visa approval.
   
   
2. But when you leave the US, you have to get your F1 stamped.
   
   
3. As long as you have all the documents which are required for F1 visa like fees support, expenses support etc., we find no reason why your F1 stamping should not happen.
   
   
4. Incase your F1 is rejected, the US Consulate will make remarks in the system as regards your F1 rejection and this is linked to your tourist visa number. There is a fair chance that you will be asked questions when you enter the US next on a tourist visa as well as there are chances of not being asked anything.
   
   We also recommend that you talk to the attorney of the University where you got admission before you take any further steps.
   
   

I have applied for my H1 but doubt it, so Iam planning to marry my girlfriend who is on H1 here. we bothe did our masters and she now is on H1.

Iam doing my marriage in the court in USA.

My question is can I change from F1 (OPT) status to H4?

will there be any problems as my H1 is already under process?

Should I wait till i get any news on my H1 and then apply for H4 if I dont get a H1?

also if by any chance my H1 gets rejecetd, will it effect my H4 applications?

and is getting H4 tough also my girlfriends H1 is not stamped as she did not leav ethe country after she got H1 , is that a problem?

1. Your status automatically becomes H4 when your marriage happens and your OPT expires.

2. But if you leave the USA or your fiance leaves the USA, you need to get it stamped.

3. Also please talk to lawyer in this matter before making any steps.

I have been to US already on H4 visa when i was married to a h1 visa holder. Now that i am seperated i would like to study in USA. At present i am in India. How far will my earlier visa affect my prospects on my f1 visa? Waiting for your reply.

There is no connection between your old h4 visa and your new F-1 visa.

I am working in the US on an L-1 visa. I have secured admission in a Business Management school and need to convert to an F1. What is the process? Can I get the F-1 stamped in the US? I have adequate proof of funding.

According to the new laws enacted after 9/11, you have to get the visa stamped in your country of origin. You can join school on the basis of the F-1approval. Please check with your university attorney in this regard.

I really appreciate the time you spend in replying to hundreds of questions. I came to the US in January 2001. I lost my job after three months. My job search was in vain so I decided to join school and I have got admission in a university. My employer has however not canceled my visa. My I-94 is valid up to August 2003.

Can I take an I-20 from school and have it stamped in Canada or do I need to apply for change of status from H-1B to F-1 and then have it stamped?

Is it dangerous to apply for change of status since I do not have pay stubs for the last eight months? Will the INS consider this period as illegal stay in the US?

When I apply for change of status, would my status be H-1 or F-l till the application is approved.

Please get a leave letter sanctioned by your employer. The letter must state in clear terms that you have been on leave for the last eight months. The letter must also state that you were paying medical insurance during this period

Our legal department is of the opinion that you can start school based on the I-20 approval. However, we recommend that you also consult an attorney on this. You can get the new I-20 stamped next time you visit India. Please take a second opinion on this with an attorney.

We do not advise you to go to Canada for stamping. Post 9/11, the Consulate in Canada is asking people to stamp the visa in India

I have completed my BE (Computer Science) from OU and I have been issued an F1 visa to pursue Master of Sciences at the University of Texas for the Fall 2001 term. Due to some unavoidable reason, I could not validate my admission. Now I plan to attend UTD for Spring 2002 with the same visa that was issued three months back. Will the INS at the port of entry allow me to enter the US? I contacted the US Embassy at Chennai and the officers advised me get an updated I-20 from the university before leaving India. I am afraid that the recent September attacks have led to a change in the immigration policies Please tell me the measures I need to take to avoid denial of entry or any other problems.

Please get a letter from the University confirming your admission. Our legal team believes that this should suffice to enter the US. To strengthen your case, get references from the Professor / Dean of your department. Carry their mobile numbers and request them to be telephonically available at the time of your arrival. Do not leave India without adequate documentation confirming your admission to the university.

I was on L1 visa status in the US. Two weeks back, I returned to India. Now I would like to process an F-1 visa. From your web site, I realised that I'm eligible for the drop box facility. Is there any risk in using that?

Please check with the US Consulate in Chennai since they changing rules for drop box quite frequently. Please note that student visa rules have been tightened this year. Please also visit the Chennai Consulate web site.

I am a student in the US. I want to know how to get the visa restamped in India, as I lost mine along with the passport. Can you guide me?

Please contact the university administration and get the visa stamped in the US.

I was working for an Indian company till July. I came to the US on an F-1 visa. The company is willing to grant me an L-1 visa. I read through the requirements on your site and I am eligible for it. Can an F-1 visa be changed to an L-1 visa so that I can pursue studies and work part time?

L-1 and H-1B visas are full time employment visas. But you can work an arrangement with your employer to work part time and study at the same time. You need not get your L1 stamped immediately. You can do so when you come to India.

Our legal department has certain concerns. According to L1 eligibility criterion, you should have worked with the company for a minimum period of a year. We recommend that you ask the company to apply for an H-1B visa for you from its US office.

I am going to the US on an F-1 visa to study. I have been granted a scholarship by the university. I have learnt that the scholarship will not suffice for the month. Can I work in the US to supplement the scholarship?

Yes, you can work within the university. However, if you want to work off campus, you will need authorisation.

(Disclaimer: We claim no responsibility for the accuracy of the information. Application of the law can vary drastically according to the facts of a particular case, judge or State in USA. The FAQs are not meant to be specific legal advice. The answers must be viewed as general information and are no substitute for the services of a lawyer.)

Email this page | Glossary of terms