The International Student
Students On F-1 Visa
International students must be enrolled in a full course of study, not part-time studies. Unlike most other non-immigrants who are given a definite period of stay in the United States, foreign students are permitted to remain in the United States for the "duration of status".
Duration of status means that a student remains in valid status during enrollment in any number of academic programs (e.g., high school to college to master’s degree), plus any periods of authorized practical training and a 60-day grace period to depart the United States.
A student remains in valid status as long as the student has not exceeded the estimated program completion date stated on the student’s Form I-20; that date, in turn, can be an estimate based on the time an average foreign student would need to complete a similar program in the same discipline and can include a grace period of up to one year.
If the student completes the program by the estimated completion date, the student can advance to the next academic level without requesting an extension from the INS (Immigration), and remain in valid status. If the student fails to complete the program by the estimated completion date, the international student advisor can extend the anticipated program completion date.
If the foreign student advisor will not extend the anticipated completion date, the student is out of status, and can only continue his or her academic program by applying to the INS for reinstatement of student status. The student needs to show that the violation of status was due to circumstances beyond the student’s control or that the student would suffer "extreme hardship" if he or she is not reinstated.
An F-1 student who violates the term or condition of his/her student status is inadmissible to the United States until he/she have been outside the U.S. for a continuous period of five years after the date of the violation.
Change Of Status To The F-1 Category
If you are already in the United States in one nonimmigrant category, you can change your nonimmigrant status to a different category by making an application for change of status to the INS. The important point to note here is that your visa must be valid at the time you are making the application. Once your status has expired, you cannot adjust your status legally without leaving the country.
This provision has now changed. Now you have to declare your interest in studying in the United States to immigration upon entry into the country.
This new rule prohibits international citizens previously admitted to the United States on business or tourist visas from beginning university course work while their requests to change to student status are being processed. The changes in the INS student visa policy come in an effort to alleviate concern over the possibility of terrorists extending their stay in the United States by changing their visa status to that of a student.
The United States government has passed a new law that tightens the student visa program that holds schools more accountable in making sure their foreign students abide by the terms of their student visas. It is now in your best interest as a student on F-1 visa to play by the rules and attend classes, maintain a good grade point average and stay out of trouble.
Changing Schools
If you want to transfer to a new school, the transfer involves a notification procedure, usually performed by the International Student Advisor at your new school. INS approval is not necessary as long as you are in valid F-1 status.
To
Transfer To A Different School, Do This:
i. Get a new Form I-20 from the school to which you intend to transfer;
ii. Notify the International Student Advisor at your current school of your
intent to transfer;
iii. After enrolling in the new school, complete the student portions of the
Form I-20 and submit it, along with your current I-20 ID copy, to the
International Student Advisor at the new school. This has to be done within 15
days after classes have begun at the new school;
iv. Once you have completed these steps, the International Student Advisor at
the new school will endorse your copy of the I-20 and give it back to you.
This will serve as your new Form I-20 copy.
The International Student Advisor at the new school then prepares and submits the I-20 (pages 1 & 2) to the INS within 30 days of receiving it and sends copies of pages 1 & 2 of the Form I-20 to the International Student Advisor at your former school.
To work in the United States after graduation, you will need an H-1B visa. This visa will allow you to work legally in the country with your degree after graduation.
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