Issuance of new I-20 from OPT

[roopa19]

Hi,

I finished my Master's at the U. of Maryland in Dec. 2004. I will be starting on my PhD program at the U. of Minneosta on Sept. 6, 2005. Currently, I am on my OPT and my EAD is valid from Jan 1, 2005 to Jan 8, 2006. I teach at the U. of Maryland and my work contract ends on May 22, 2005.

As I have to transfer my SEVIS records from Maryland to Minnesota, my international student advisor at Maryland, has set a SEVIS transfer date of June 1. Minnesota has informed me that my OPT status becomes invalid from June 1and that it takes 3 weeks for the school to prepare an I-20. So I will be in the 60 day grace period after June 1 (the grace period would begin from June 1 ending on July 30, I am assuming). Am I correct in assuming that the date in Section 5 is set for one week before start of classes? My current F-1 visa is valid till June 24, 2007.

F-1 visa rules state that one cannot enter the country more than 30 days before the date mentioned in Section 5 of the I-20. So considering all this, my second question is will I be out of status if I am in the country before the 30 day period even though I might be issued the new I-20?

I'd appreciate all advice. Thanks!

 

[LucyMO]

Here is the rule: visa is only for entering the country. It has nothing to do with you being in status and staying in status. The 30 days rule applies only to new students entering US for the first time.

You should rethink setting the SEVIS release date to a later date - closer to September, preferably end of July-start of August.

The rules for F-1 students are as follows:

You need to get a new I-20 before or within 60 days of the expiration date of your OPT. You are doing pretty well, since you are definitely getting a new I-20 before January 2006. Once you have a new I-20 and your SEVIS record is transferred, you have to start school within 5 months in the first available semester. For all of these 5 months you will still be in F-1 status. ONce again, you are definitely starting school within 5 months.

Your new I-20 should be issued before the transfer date - as my school told me: get a new I-20, bring it to us, we'll then release your SEVIS record to your new school.

So, let's say you set your transfer date at the end of July. Stop working on that day (if you are still working), get your record released to the new school and start attending it in September. No need to lose two months of work. Plus, if your record gets released on June 1, you MAY need to start school in June, if it is the first available semester.