SilverFall16 Posted July 17, 2015 Report Posted July 17, 2015 Hello Team , I firstly thank Murthy forums for providing the platform to discuss important immigration details . It help me a lot during my H1B stamping. I am looking for some answers for below questions. My wife got admitted into the one of the public universities this week for graduate studies . We are planning to Start COS from H4 to F1 from the Second Semester 1) The course work is only one year ( four Non stop semesters ) and it will end in next September . How many months does he need to be in F1 in order for her eligibility for OPT ? 2) University website says this - Means she needs to be in F1 for nine months or 9 Months as a full time student ? I see few posts as 9 Months as full time students can access OPT period post graduation irrespective of F1 Status , like COS in last semester will work ? If you are an F-1 student in lawful immigration status, you are entitled to 12 months of OPT for your program of study. You can apply for OPT: after you have been a full time international student for nine months 120 days before or within 60 days of graduation 3) Is it better to apply COS or directly got to canada or Home country to get stamped after she finishes a semester ? Thanks.
jairichi Posted July 17, 2015 Report Posted July 17, 2015 1. Ask DSO. 2. COS to F1 in last semester to get OPT will not work. 3. You can apply COS by being in US.
SilverFall16 Posted July 21, 2015 Author Report Posted July 21, 2015 Hello Jairichi , Thank you for responding. Here is what the university SEVIS coordinator sent. which means all the time we studied in any of the visa's below can we counted towards the 9 months full time study . Of course you need to study 9 or more credits to meet the full time student status. is this makes sense ? Pre-SEVIS legacy INS Operations Instructions [iNS Operations Instructions 214.2(f)(14)(ix)] stated that to be eligible for practical training, an F-1 student need not have been specifically in F-1 status while studying, provided he or she was lawfully enrolled as a full-time student at a service-approved school in another nonimmigrant status that does not prohibit full-time study. For example, persons who were attending school full-time prior to changing to F-1 status as J-1 students, or as the dependents of A, E, G, H, J, L, O, and TN nonimmigrant categories, could use the time they spent studying in that status towards meeting the 9-month requirement. Aliens attending school full-time in violation of their status (INS viewed this as applying to principal aliens in B-2 status, for example) could not take advantage of this provision. The current regulation at 8 C.F.R. § 214.2(f)(10) contains wording which has allowed this policy to continue, but it has never been officially reinterpreted by DHS.
jairichi Posted July 21, 2015 Report Posted July 21, 2015 Hello Jairichi , Thank you for responding. Here is what the university SEVIS coordinator sent. which means all the time we studied in any of the visa's below can we counted towards the 9 months full time study . Of course you need to study 9 or more credits to meet the full time student status. is this makes sense ? Pre-SEVIS legacy INS Operations Instructions [iNS Operations Instructions 214.2(f)(14)(ix)] stated that to be eligible for practical training, an F-1 student need not have been specifically in F-1 status while studying, provided he or she was lawfully enrolled as a full-time student at a service-approved school in another nonimmigrant status that does not prohibit full-time study. For example, persons who were attending school full-time prior to changing to F-1 status as J-1 students, or as the dependents of A, E, G, H, J, L, O, and TN nonimmigrant categories, could use the time they spent studying in that status towards meeting the 9-month requirement. Aliens attending school full-time in violation of their status (INS viewed this as applying to principal aliens in B-2 status, for example) could not take advantage of this provision. The current regulation at 8 C.F.R. § 214.2(f)(10) contains wording which has allowed this policy to continue, but it has never been officially reinterpreted by DHS. Strange. Time to talk with a good attorney or wait for other comments.
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