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Results 1 to 8 of 8
  1. #1

    Default H4 - F1 Change Of Status - OPT Eligibility

    I am student at SMU, Dallas from Fall 2010 with my H4 status.

    I am planning to change my current H4 visa status to F-1 to be eligible for OPT in May 2012 when I complete my program.


    There are some points here which I am little worried about and would like you seek answer from you.

    Any F-1 student who has been continuously enrolled in full-time status for one full academic year (9 months) may apply for OPT.

    It is highly recommended that a student mail the OPT application 120 days before the program completion date.

    Does this mean that if I get F-1 approval by Fall 2011, I am eligible to apply for OPT before I complete my program in May 2012? I have to mail OPT application by Jan 2012 (120 days before) but at that time I may not have completed my 1 academic year being on F-1 as first requirement says. Is that OK?

    Also, am I considered F-1 student as soon as I submit my F-1 status change application and get receipt for the same or I have to wait for approval? If yes, will I have to attend classes in Summer 2011 as F-1 student mandatorily?

    Appreciate your help.

  2. #2
    Join Date
    Apr 2008
    Location
    Alien from Mars
    Posts
    11,352

    Default

    Best bet is to talk to the ISO in the school. They can guide you better on these regulations. You are considered to be in F1 status only after approval of the F1.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.http://www.immihelp.com/visas/h1b/h1-visa-faq.html

  3. #3

    Default COS from H4 to F1 OPT Eligibility

    Hi ,

    I'm currently studying on H4 . I started my course from SEP 2011 . I'm planning to finish my course by OCT 2012 .
    1) Do I need need to be on F1 for one year for the OPT eligibility
    2) Will i be eligible for opt if i apply for F1 in last but one semister?

    Thank you . Pls reply

  4. #4

    Default COS from H4 to F1 OPT Eligibility

    Hi,

    No, you don't need to be in F-1 status for 9 months if you have been studying in another status that allows study (such as H-4) The Service centers do grant OPT to students who have spent some time in another status. You need to include a transcript with your OPT application, otherwise they will send an RFE asking for this and it will delay your application.


    You cannot apply for OPT more than 90 days before the program end date. Any information you see about 120 days is outdated, the law changed several years ago. You can apply for OPT so sooner than 90 days before program end date and no later than 60 days after program end date under the current regulations.


    You do have to wait for your H-4 to F-1 COS to be approved before you can apply for OPT. If you filed in January, hopefully it will be approved by April. But if it takes longer, you can still get OPT, but you might need your international advisor to take some extra steps. In general, it's best to do the COS to F-1 as early as possible. But it's not necessary to get approved for the F-1 9 months prior to graduation. Note, not all schools are aware of this.

  5. #5
    Join Date
    Nov 2010
    Posts
    132

    Default

    DSO,
    I'm so relieved to read your post.
    My school DSO is giving me such a hard time saying I have to be on F-1 status for 2 semesters(1 year) to apply for OPT. I know she is wrong but I'm unable to find any USCIS links. do you have any?

    I am studying full-time on my H visa (taking 12 credits every semester)and have applied for COS to F-1 this week. Planning to gradaute in Dec 2012, which means I will be eligible for OPT.
    MY DSO does not believe this

    Do you have any USCIS links/pages that I can show my DSO? Or may be I can get a lawyer's letter for her?

    Quote Originally Posted by DSO View Post
    Hi,

    No, you don't need to be in F-1 status for 9 months if you have been studying in another status that allows study (such as H-4) The Service centers do grant OPT to students who have spent some time in another status. You need to include a transcript with your OPT application, otherwise they will send an RFE asking for this and it will delay your application.


    You cannot apply for OPT more than 90 days before the program end date. Any information you see about 120 days is outdated, the law changed several years ago. You can apply for OPT so sooner than 90 days before program end date and no later than 60 days after program end date under the current regulations.


    You do have to wait for your H-4 to F-1 COS to be approved before you can apply for OPT. If you filed in January, hopefully it will be approved by April. But if it takes longer, you can still get OPT, but you might need your international advisor to take some extra steps. In general, it's best to do the COS to F-1 as early as possible. But it's not necessary to get approved for the F-1 9 months prior to graduation. Note, not all schools are aware of this.

  6. #6

    Default H4 - F1 Change Of Status - OPT Eligibility

    Hi,

    My wife is also in the same situation. She is currently studying in H4 status, planning to convert to F1 after 2 semester and apply for OPT in 4th (final) semester.

    Is there a USCIS link showing the information originally posted by DSO.

    "No, you don't need to be in F-1 status for 9 months if you have been studying in another status that allows study (such as H-4) The Service centers do grant OPT to students who have spent some time in another status........ But it's not necessary to get approved for the F-1 9 months prior to graduation. Note, not all schools are aware of this."

    Thanks & Regards

  7. #7

    Default RFE on OPT application

    Hello,
    As mentioned above, I received a Request for Evidence for my OPT application from USCIS today. This is the message I received:

    "The form I-20 that you submitted failed to indicate that you have completed one full academic year. Also, your SEVIS record does not indicate a full year of study. Please submit any previous Form I-20's that will demonstrate that you meet the full one year academic requirement."

    My start semester was Spring,2013. But, in my case, I changed my status from H4 to F1, during Fall, 2013 semester. So I did not receive any I-20 till September 23rd,2013 (that is when I started my change of status process).
    Do you think just submitting I-20's received so far will be sufficient, or are there any other documents that you would advice me to submit along with I-20's which would prove my full-time enrollment in all the semesters from Spring 2013 to Spring 2014.

    Will submitting transcript from my school along with all I-20 forms help?

    Has anyone received RFE for same reason? What all documents did you submit?

    I would really appreciate your help.

  8. #8

    Default OPT eligibility, any clarification ?

    Did anyone have any updates ?

    I am in the exact situation, my course if for an year Fall 2014 - Spring 2015. I have applied for COS H4 to F1 3 months back, still pending. If it is delayed before my start day of courses, can I apply for OPT ?

    There are no guided policies in these cases, so is it that it depends on circumstances ? Not much information on SEVIS website -

    http://www.ice.gov/sevis/practical-training/


    Quote Originally Posted by ShalV View Post
    Hello,
    As mentioned above, I received a Request for Evidence for my OPT application from USCIS today. This is the message I received:

    "The form I-20 that you submitted failed to indicate that you have completed one full academic year. Also, your SEVIS record does not indicate a full year of study. Please submit any previous Form I-20's that will demonstrate that you meet the full one year academic requirement."

    My start semester was Spring,2013. But, in my case, I changed my status from H4 to F1, during Fall, 2013 semester. So I did not receive any I-20 till September 23rd,2013 (that is when I started my change of status process).
    Do you think just submitting I-20's received so far will be sufficient, or are there any other documents that you would advice me to submit along with I-20's which would prove my full-time enrollment in all the semesters from Spring 2013 to Spring 2014.

    Will submitting transcript from my school along with all I-20 forms help?

    Has anyone received RFE for same reason? What all documents did you submit?

    I would really appreciate your help.

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