Grace period for Student Visa

F

flintguy

New Member
Hello,

Iam asking this question for a friend of mine. She is currently enrolled in a doctoral program at a university and she is not able to cope with the studies due to poor mental health :(. She is unable to secure a medical leave from the Univ. medical center in this regards. She is planning to withdraw her application from the school and leave the country, possibly to come back in January.

My concerns are

1. What is the grace time she would get to live in the US legally before leaving? (60 days from the date of withdrawl?)

2. Her old OPT expires in Feb 2005. Can she work anywhere with this OPT ?(Iam not sure if the OPT is vaild if you transfer to a new school)

Your response in this issue will be of great help.

Flintguy
 
What do you mean by old OPT? Did she transfer to a new school yet?

She can work on her OPT card or be actively looking for a job, if she already got an OPT card. Once she gets her OPT card, she cannot be enrolled full time, only part time enrollment is allowed. Better yet - not to enroll at all.

ONce she transfers to another school, her OPT from the old school is forfeited.

The 60 day grace period applies only in case of a program of study/OPT completion. If a student withdraws from school a grace period of 60 days does not apply.
 
IF univerisity allows, your friend can take Leave of Absence (LOA) and do not study and do not pay fees for that particular semester, quarter....
 
LucyMO wrote: "The 60 day grace period applies only in case of a program of study/OPT completion. If a student withdraws from school a grace period of 60 days does not apply."


What does it mean that the grace period applies only on the completion of the program? I am a PhD student in my 7th year whose F1 visa expires at the end of June 2005. I am finished with the course work, I've got a MPhil degree but I am not finished with the dissertation due to various factors. I chose not to extend my student status at this point - anyway, my university apparently doesn't grant it beyond the 7th year unless it's due to some extenuating circumstances. Does it mean that the grace period doesn't apply in my case and I should leave the country before the visa expires? What is considered a "completion"?

Thanks in advance.

Iza
 
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the expiration of your visa is irrelevant. Your status is only valid while you go to school until the expiration date on your I-20. If you stop going to school - you are out of status.

Completion - graduation.

If I were you, I'd consider extending your status by transferring to another school if you are sure that your school doesn't extend F-1 status beyond 7 years (which is ridiculous, by the way). I have known people in PhD programs for 8+ years. I have been in Master's program for 6 years.

Or you could apply for OPT before your current I-20 expires. you cannot simply forgo extending your F-1 status. You will be out of status. Period.
 
Thanks a lot! I was told last year that the University doesn't renew F1 status beyond my year and I don't argue with that - I am in no hurry with my PhD and I am not making much progress to feel comfortable asking my supervisor to lie for me as he did before. I am planning to come back on my tourist visa and try to finish the dissertation. I may try the OPT. I remember I was considering it but I there was some glitch (maybe the fact that I haven't finished my dissertation) and I was told it may not work. Anyway, I udnerstand now that as long as my I-20 is valid (that is until 29Aug 05) I don't need to worry about the expired visa.
Thanks a lot!
Iza
 
that's right. And the dissertation does not have to be completed to get an OPT. You can get a precompletion OPT - I did.
 
Thanks again! I'll ask in my OISS.
BTW, do you happen to know what they mean by 2 year residence requirement. I mean, I know what it is (I know too well, unfortunately :mad: ), but how do they define 2 years? Is it simply 2 times 365 days?

Thanks a lot for all your help!
Best, Iza
 
Here is what I was told at my OISS: "I discussed your case with the director of OISS, and in looking carefully at the regulations governing eligibility for Optional Practical Training, to use the provision that the basis of the application is completion of all course work, the student must continue to be a registered student. Therefore, what we discussed yesterday, approving the OPT based on course completion, but not continuing the register, will not be possible."

Is that right? I mean, my problem at this point is that I won't be a registered student after August 29. To me, OPT only makes sense as a way of staying legally in the US so if I were registered for the next year, I wouldn't even think about OPT because I would be legally here anyway as a student (although I woudl have to renew my student visa). But I would like to be sure that I am not mislead by my OISS - is it really true that I have to be a registerted student during the time of my OPT or only when I apply for it (that woudl mean I still have some time to do it).
I would be very greateful to you if you could clarify that for me because it may just be that I am wasting a good opportunity to stay legally in the US and finish my dissertation during the OPT period.
Thanks a lot in advance.
Best, iza
 
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