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  • Staying in US after F1 visa expires

    Hello,

    I am currently a student in the US, with an valid F1 until the end of April. I wanted to stay in the US until the end of August due to my apartment lease but as the visa is until April (or June with the 60 day additional period), I was thinking of leaving the US around the end of June and going to Canada and re-entering the US as a tourist. If I enter the US as a tourist normally I will have 90 days in the country so I would be able to stay in the US until August.
    I was wondering if this is alright, since I am neither Canadian or US citizen.

    I apologize if this has been posted as a thread before.

  • #2
    Originally posted by mshi View Post
    Hello,

    I am currently a student in the US, with an valid F1 until the end of April. I wanted to stay in the US until the end of August due to my apartment lease but as the visa is until April (or June with the 60 day additional period), I was thinking of leaving the US around the end of June and going to Canada and re-entering the US as a tourist. If I enter the US as a tourist normally I will have 90 days in the country so I would be able to stay in the US until August.
    I was wondering if this is alright, since I am neither Canadian or US citizen.

    I apologize if this has been posted as a thread before.
    First of all, a US visa is only for entry to the US. The visa's expiration date simply means the last day on which you can use that visa to enter. The visa has absolutely nothing to do with your stay in the US. It is perfectly normal to have an expired visa when you are in the US. How long you can stay in the US is determined by your status as given on your I-94. F-1 are admitted for "D/S" on their I-94, which means they remain in status indefinitely (no maximum time), as long as they have a valid I-20 and are maintaining good standing at their school and otherwise complies with the conditions of F-1 status. Only if you need to leave the US and re-enter do you need a valid visa.

    If you mean that you will graduate in April and are not doing OPT, and so your F-1 status will end at the end of the grace period in June, then yes, you can leave the US and try to re-enter on the Visa Waiver Program (since you mentioned "90 days" I am assuming you are a national of a VWP country), or you can do a Change of Status in the US to B2 status without leaving the US (though this is quite expensive).

    This is my personal opinion and is not to be construed as legal advice.

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