H4 to F1 COS

[SilverFall16]

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]

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]

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]

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.