H4 (2 full sems MS Online) to F1 (last sem MS On-campus) to EAD?

[1ndian]

Hello,

 

I entered the US on H4 visa, completed 2 full semesters of coursework (Fall and Spring) as a full-time student ONLINE. However, my degree doesn't mention that it's an online masters program.

 

Then I converted to F1 visa in my last semester (Summer) to avail OPT.

 

I have two questions:

1. According to this article from USCIS website, I understand that a student must be on F1 visa at the time of applying for OPT and s/he must have completed 2 full semesters as a full-time student irrespective of their visa status (H4 in my case). Is this correct?
   
2. Can we avail OPT even if all the courses (on H4 visa) except the last course (on F1) were taken ONLINE? To support my full-time student status, I included in my application packet my 1st semester official transcript (no mention of ONLINE) and an unofficial class schedule print from university web site that mentions the course schedule type as ONLINE. So neither the degree nor my official transcripts mention that fact, but an unofficial doc does. Is this going to be alright?
   

It has been 45 days already and I am starting to worry a little.

 

Thanks in advance for your help!

[rahul412]

 

1. According to this article from USCIS website, I understand that a student must be on F1 visa at the time of applying for OPT and s/he must have completed 2 full semesters as a full-time student irrespective of their visa status (H4 in my case). Is this correct?

 

I don't see anywhere in that document stating 'irrespective of visa status'. As far as my knowledge is concerned, OPT is given for F1 students who have been on F1 for complete one year( that includes in person classes).

[1ndian]

I don't see anywhere in that document stating 'irrespective of visa status'. As far as my knowledge is concerned, OPT is given for F1 students who have been on F1 for complete one year( that includes in person classes).

 

I agree, but it doesn't say that the student has to be on F1 status for one complete year either.

 

 

 

 

"Practical training may be authorized to an F-1 student  - I am an F-1 student as of now

 

who has been lawfully enrolled on a full time basis - I have just one course left. This is my graduating semester. So, yes, I am on a full time basis

, in a Service-approved college, university, conservatory, or seminary for one full academic year. - Mine is a public university.

This provision also includes students who, during their course of study, were enrolled in a study abroad program, if the student had spent at least one full academic term enrolled in a full course of study in the United States prior to studying abroad. - I did not study abroad. But neither this line mentions that the one full academic term enrolled has to be in F1 status. It just says'full academic term enrolled in a full course of study in the United States' and doesn't talk about the visa again. "

 

So? Any thoughts? This is driving me crazy. I already have a job offer in hand and am worried I might miss it.

[rahul412]

So? Any thoughts? This is driving me crazy. I already have a job offer in hand and am worried I might miss it.

As far as my knowledge is concerned, you have to be a Full time student on F1 for one academic year. That's what my school DSO said at that time. 

[1ndian]

As far as my knowledge is concerned, you have to be a Full time student on F1 for one academic year. That's what my school DSO said at that time. 

I received my OPT EAD today. 

 

I did my masters online for 2 full semesters on H4, converted to F1 - on-campus during the last semester with just one course remaining from a public university in Illinois state capital. Apparently, the course work completed on H4 counts towards the degree and the OPT requirement. 

 

This requirement may differ from university to university but the USCIS does not require a student to be full time on F1 visa. H4 will do. Please spread the knowledge. 

[rahul412]

I received my OPT EAD today. 

 

I did my masters online for 2 full semesters on H4, converted to F1 - on-campus during the last semester with just one course remaining from a public university in Illinois state capital. Apparently, the course work completed on H4 counts towards the degree and the OPT requirement. 

 

This requirement may differ from university to university but the USCIS does not require a student to be full time on F1 visa. H4 will do. Please spread the knowledge. 

I am not sure whether I am wrong or your university is wrong or USCIS is wrong. Here is the link for the information I gave you earlier.

 

http://www.uscis.gov/USCIS/Outreach/Upcoming%20National%20Engagements/Upcoming%20National%20Engagement%20Pages/2012%20Events/June%202012/Form_I-765_OPT_Overview_06-19-2012.pdf

 

It says, you have to be on F1 for on year.

[1ndian]

I am not sure whether I am wrong or your university is wrong or USCIS is wrong. Here is the link for the information I gave you earlier.

 

http://www.uscis.gov/USCIS/Outreach/Upcoming%20National%20Engagements/Upcoming%20National%20Engagement%20Pages/2012%20Events/June%202012/Form_I-765_OPT_Overview_06-19-2012.pdf

 

It says, you have to be on F1 for on year.

 

I don't think my University or USCIS is wrong here. They deal with hundreds of such cases every semester and they certainly have a definitive answer on these. It is just that folks in forums like this interpret it in different ways and spread confusion around.

 

Let me begin by asking if you:

1. Ever studied on an H4 visa for 2 semesters and then converted to F1 during your last semester to avail OPT?
2. Are an immigration attorney?
3. Work for USCIS?

If not, then, on what authority are you repeating "you have to be a Full time student on F1 for one academic year"? I fall under category 1 above, and I can tell that your conclusion is incorrect. It not a rule with USCIS. It is just that YOUR university is not letting the H4->F1 students apply for OPT. But there are universities that allow it. Like mine.

 

I don't intend to be rude here. I know how worried I was going through forum posts where people post comments ithout even being fully aware of the actual rule or the situation. I am just putting my point across so that any one in the same boat as me knows the answer to this question definitively.

 

Like JoeF has been repeating over and over, different universities interpret this differently and don't even cut out an I20 for your OPT application if their policy doesn't allow it. So talk to them to see if their policy allows it (they should have a definite answer to this question by now). If they do, then I am very positive that USCIS will have no problem approving your OPT request. If USCIS still denies it, you can reopen your case this time with your transcripts and an attorney backing it.

 

So, the right answer to this question is "It depends on your university. If your university is a good one and allows it, then USCIS should not have any problem with it. There are people in this forum who were approved by studying in H4 for 2 full semesters and in F1 during last semester. "

 

If anyone viewing this post is still confused and would like to talk to someone who passed this phase, feel free to PM me. I will certainly help answer any questions you may have. Good luck!

[rahul412]

If not, then, on what authority are you repeating "you have to be a Full time student on F1 for one academic year"? I fall under category 1 above, and I can tell that your conclusion is incorrect. It not a rule with USCIS. It is just that YOUR university is not letting the H4->F1 students apply for OPT. But there are universities that allow it. Like mine.

 

I gave you the link and the page number where it is mentioned.

And you are correct, I was never on H4.

 

I am sorry that I have confused you. The reason why I have mentioned that point is that, USCIS might one day states that, that's not our rule that's university rule.

[vyasandeep]

Depends on University...

 

here is University of Cincinnati..

 

To obtain Optional Practical Training under any category, you must have completed one academic year in full-time status and currently hold F-1 status.

 

http://www.uc.edu/international/services/students/employment/opt/apply.html

 

@1indian: how long does it take to get h4 to F1 approve. I am planning to do it in mid of January 2014.

[ipsitaojha]

I received my OPT EAD today. 

 

I did my masters online for 2 full semesters on H4, converted to F1 - on-campus during the last semester with just one course remaining from a public university in Illinois state capital. Apparently, the course work completed on H4 counts towards the degree and the OPT requirement. 

 

This requirement may differ from university to university but the USCIS does not require a student to be full time on F1 visa. H4 will do. Please spread the knowledge. 

Thank you for this update. I am also on H4.

Could you please advise on the following

1. Which university did you take this course from?

2. Which course did you enroll for?

3. Did you do the online and classroom classes from the same university or did you transfer credits?

4. Did the fee charged on H4 and f1 vary?!

My mail id is paridz@yahoo.com

Thank you for the support!