Posts Tagged ‘F-1’
F-1 Students: Beware of Falling Out of Status
Over the years, I have seen many cases of international students falling out of status for reasons that could have been avoided. Typical scenarios include dropping below the required 12 units per term, or failure to pay tuition in time, as well as other seemingly minor violations.
When an F-1 student falls out of status, there are usually two options for fixing the problem:
1) the student can leave the country and seek re-entry with a new Form I-20 provided by the university. Depending on the situation, it may also be prudent to obtain a new visa at the U.S. consulate;
2) the student can apply to USCIS for reinstatement of their F-1 status. Essentially, the student must then prove to USCIS that failure to maintain status occurred through circumstances beyond the student’s control.
Both courses of action involve risk and uncertainty, and it’s best to avoid having to go down either path. I always advise students to be as proactive as possible in maintaining their status. This involves being in regular contact with your international student office, and making sure that the advisors in that office have everything they need from you in order to maintain your record in the SEVIS system
If you require assistance with F-1 immigration issues, please contact one of our San Francisco Immigration Attorneys who can assist you.
Tags: F-1, I-20, international students, reinstatement, SEVIS
Posted in F-1 | Read More »
I am in H-4 status. May I attend a U.S. college or university?
Yes. An H-4 derivative visa holder may not work, but may attend school while in H-4 status. H-4 status is available to spouses and children of H-1B visa holders. An H-4 visa holder is not required to obtain a separate F-1 student visa in order to enroll in school. However, if the principal H-1B visa holder’s status ends or expires, the H-4 student would need to change status to F-1 in order to continue his/her studies. Similarly, if the H-4 student is a derivative of his/her H-1B parent and the child turns 21 years old, he/she would need to change status to F-1 to continue in school.
Please don’t hesitate to contact our immigration law firm if you have questions or need assistance with H-4 or F-1 status.
Tags: college, F-1, H-4, school, student, university
Posted in FAQ - H-4 | Read More »
How long do I have to find work once my OPT is approved?
Individuals with approved Optional Practical Training (OPT) have 90 days to find employment. OPT is the period following completion of an academic or degree program in which the graduate is permitted to work for a U.S. employer in a position related to his/her field. A graduate cannot accrue more than 90 days of unemployment during an OPT period.
This means that planning ahead regarding OPT employment is essential. A student may apply for employment authorization up to 90 days prior to the academic program end date but not later than 60 days after the end date. No job offer is required to apply for OPT, so even if an individual has no employment lined up but knows he/she wants to work, he/she should apply for OPT.
During the OPT period, an individual can work part-time, full-time or engage in self-employment provided the work is related to the individual’s field. If the individual cannot find a paid position, working in an unpaid position is acceptable and does count as OPT employment. Please don’t hesitate to contact our San Francisco immigration office if you have questions regarding OPT.
Tags: employment, F-1, OPT, optional practical training, volunteer work
Posted in F-1, FAQ F-1 | Read More »
May I use my OPT card for self-employment?
Yes. The Optional Practical Training (OPT) period following your college or university graduation may be used for self-employment, part-time employment or full-time employment in your field. This is the case regardless of whether you have completed a Bachelor’s, Master’s or PhD degree program.
The OPT period exists to provide new graduates a chance to work in fields related to their degree program for up to one-year (in some cases, longer, provided certain conditions are met).
Please contact our immigration attorneys if you have questions about your OPT period or OPT employment.
Tags: F-1, OPT, self-employment
Posted in F-1, FAQ F-1 | Read More »
