SEVIS Transfer GAP Confusion.


Mayur29

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Hello everyone,

Currently I am on F-1 (D/S) and the program end date on my I-20 is May 25th. So grace period begins May 26th. I got admission for Fall semester in a different University and the Orientation date is Sept 1st. If I transfer before end of the 60 day grace period -which is July 24th, then from July 25th till Sept 1st will be another 38 days after my 60 day grace period. Am I in legal stay in the period between July 25th - Sept 1st ? Can I stay inside the country from July 25th - Sept 1st without violating any law?

I got this from the ICE website regarding SEVIS transfers for F-1 students.

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Link: https://www.ice.gov/sevis/f1-transfers

How long must a student with an Active SEVIS record wait between ending classes at a transfer-out school and starting classes at a transfer-in school?

This depends on the student’s circumstances. According to 8 CFR 214.2(f)(8)(ii)(C), the DSO at the transfer-out school controls the student’s SEVIS record until the transfer release date.

    If classes are in session, the student must attend classes and otherwise maintain status until the transfer release date.

On the transfer release date, the DSO at the transfer-in school controls the student’s SEVIS record. The student must begin classes at the transfer-in school at the next available term or within five months, whichever is sooner, unless taking an authorized break or vacation during that term.

    If the next available term does not start within five months of the last date of school attendance or program completion date at the transfer-out school (whichever is earlier), the student must depart the United States until able to begin the new program. The DSO will not handle this as a transfer. The student will get a new SEVIS record and the DSO will send the student an Initial attendance Form I-20. The student must then pay the I-901 SEVIS fee and apply for a new F-1 visa, if required.

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so the dates are,

May 25th - program end day on current I-20

May 26th - July 24th: 60 day grace period

July 25th - Sept 1st: 38 days gap

Sept 1st : Orientation at new University

Can anyone please tell me if I can stay legally inside the country between July 25th - Sept 1st ?

Also can student select the SEVIS transfer release date?


thanks to all in advance,

Mayur.

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