F1 Visa --> OPT --> Back to Being a Student.......Would I go out of Status

[harry54321]

I am in urgent requirement of some help related to Status maintenance. Here is my situation:

I came to the US on F1 visa to do my MS program and after finishing the program I have been working on OPT. Now my OPT Extension Expires November 2014. But instead of continuing to work I want to go back to school do a Ph.D. I have spoken to few professors and they have agreed to offer me Ph.D. under their guidance. I am applying for Fall 2014 admission (August 2014).
But the issue is that my F1 Visa expires in June 2014. I am worried if I would need to get a new Visa altogether or do I just need an I-20 from the school to maintain my status.


Please let me know if you guys have info.

Thanks,
H

[Nattybone]

I am in urgent requirement of some help related to Status maintenance. Here is my situation:

I came to the US on F1 visa to do my MS program and after finishing the program I have been working on OPT. Now my OPT Extension Expires November 2014. But instead of continuing to work I want to go back to school do a Ph.D. I have spoken to few professors and they have agreed to offer me Ph.D. under their guidance. I am applying for Fall 2014 admission (August 2014).
But the issue is that my F1 Visa expires in June 2014. I am worried if I would need to get a new Visa altogether or do I just need an I-20 from the school to maintain my status.


Please let me know if you guys have info.

Thanks,
H

Hello, Harry.

One basic thing about switching visas is - you need to be on a valid status at the time of filing for the new visa. And, you need to on valid status when the new visa kicks in.

So, if you are on OPT status which is valid till November 2014, you can switch from OPT to F1 as long as your OPT status is valid and you do not breach some F1 requirement.

E.g.: Someone i know entered USA on B2 visa, he filed for an F1 visa before his I94 for B2 expired. He had the I20 and all other documents. But, his petition was denied as there was more than 30 days gap between his I94 expiring and his MBA starting. i.e: Let's say a person applies for an MBA which is to begin on 15 June 2013. Whatever visa he is on should be valid atleast till 30 days prior to the MBA, which would be 16th May / 17th May 2013.

Also, at the time of filing for a Change of Status one has to be on a valid status. So, for the 15th June 2013 MBA, one needs to be in valid status whenever he applies for a Change of Status - let's say April, May whatever.

Best thing, engage an attorney for a 1 hour discussion. They will charge you $100 but you will have the best possible advice.

I hope this helps.

Wishing you luck.

Cheers,

[harry54321]

Thanks Natty

Thanks for the response bud. it really helps...

[Khan Hidayat]

Hidayat

Please Helpe me My Email: [email protected] Contact Us.

[kabkaba]

Visa is something you need to travel to US. Since as F1 your admitted as D/S (look at your I-94), you can remain in the US as long as you maintain your F1 status. So all you need is a new I-20 from your school (If it is a different school, you will need to do SEVIS transfer). But remember once you register for PhD your OPT ends and you are no longer allowed to work off-campus.

[mchakrab]

Transfer from F1-OPT to F1

Hi, I am currently on F1-OPT and my OPT is valid until 12/18/2016 (18th Dec. 2016). However, my VISA on the passport shows it is valid until 2018. I am going to join a PhD program starting in Spring 2017, around the second week of January 2017. So from 18th December (last day of my F1-OPT) until the second week of January 2017, there will be about a month's gap. Will I be legally eligible to continue staying in the US during this interim period? I know my SEVIS needs to be transferred from the last academic institution to the new one. But if there is this one month's gap, will that be fine? Please advise.

Thank you so much for your suggestions.

Visa is something you need to travel to US. Since as F1 your admitted as D/S (look at your I-94), you can remain in the US as long as you maintain your F1 status. So all you need is a new I-20 from your school (If it is a different school, you will need to do SEVIS transfer). But remember once you register for PhD your OPT ends and you are no longer allowed to work off-campus.