OPT to back to School

einhander

Registered Users (C)
I am currently on OPT which expires on Feb 15 2007. To avoid going out of status, i applied to several schools and fortunately got accepted. But my program doesn't start until June'07.
Can i legally stay within the country from Feb'07 - June '07 and start the program in June as a regular student. Or would i have to leave the US and return again in June.
Can somebody please help.
Thanks
 
as long as you get a new I-20 within 60 days of your OPT expiration date and start school in the first available semester within 5 months of that expiration date - you are still in F-1 status.

Remember, as soon as you get a new I-20 - you forfeit the remainder of your OPT if you got a new I-20 before your OPT expired.
 
Hello there,
thanks for your reply. Is this a rule which is established by INS. The reason i ask is because when i first asked my lawyer he said he's never heard of this rule before. And so i was confused which is why i decided to gather some more information from immigration portal website. Can you kindly throw some more light on this issue please.

On another note, do i have to start school within 5 months or in the first available semester. Can I start school in the second semester which is still within the 5 months?


Many thanks in advance for your help.
 
it is the USCIS rule, ask your international advisor.

On another note, do i have to start school within 5 months or in the first available semester. Can I start school in the second semester which is still within the 5 months?

The rule says - you have to start school in the FIRST available semester within 5 months. If the first available semester starts after the five month period - you will be out of status. You can't start school in the second available semester.
 
School after OPT

Hi,
My OPT expires in May 31st and I am expecting to start Grad school in August. Is it possible to visit my home country once my OPT has ended and once I receive my I20 from the new school? Are there any problems I might encounter with Re-entry?

I have another question..My visa expires in Dec 2007. Do I need to get it extended from my home country or can I do it while in the U.S?

I appreciate the help, Thanks!!:)
 
you cannot extend visas while you are in the States. Only your status.

You should have no problems coming back with the same visa to a new program. The only thing I'd be concerned about is that an immigration officer might only let you in within 30 days of your new program's start date.
 
my opt expires on may 9, 2007, does that mean, i can stay until the next semester begins, about aug or sep? thanks! just want to make sure.

you cannot extend visas while you are in the States. Only your status.

You should have no problems coming back with the same visa to a new program. The only thing I'd be concerned about is that an immigration officer might only let you in within 30 days of your new program's start date.
 
nikkii, I don't know anything about your situation. I cannot dispense any advice in this case.
 
well, my opt expires at May, so add 60 days grace period, that is july, and i am preparing to apply for some school, since most school start around aug and sep, does that mean I can stay between july and aug/sep when the school starts. :confused:
thank you.

nikkii, I don't know anything about your situation. I cannot dispense any advice in this case.
 
yes, as long as you get your new I-20 within 60 days. Do discuss it with your international advisor at new school.
 
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