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  Home  ==>  FAQ  ==>  F Visa


Note: The FAQ's are presented in chronological order, the most recent ones towards the bottom of the page.

1)Can one work as a consultant for more than one company
while on F-1 practical training?
2)If my current F-1 visa has expired, is it possible to obtain F-1visa
from Canada/Mexico?
3)What should I do if I am out of status on my F-1?
4)What financial requirements must be met to receive an F visa ?
5)What are the procedures for applying for an F-1 visa ?
6)Must an F-1 student be studying on a full-time basis ?
7)How long can I stay on an F-1 visa ?
8)Can I pursue an F-1 visa if similar training is available in my home
country?
9)Who can apply for an F-1 visa ?
10)Can I transfer schools on the same F-1 visa ?
11)Is an F1 visa holder permitted to start their own business in the US (as a sole proprietorship or corporation)? Is some sort of a USCIS (INS) permit required ?
12)Can a person keep two jobs while on F-1 practical training, considering both jobs are in the same field of study?
13)Can one work as a consultant for more than one company while on F-1 practical training?
14)If my current F-1 visa has expired, is it possible to obtain F-1 visa from Canada/Mexico?
15)What status will my spouse receive?
16)What are the options for off-campus employment?
17)What are the procedures for pursuing on campus employment?
18)What if I am changing educational programs but remaining at the same school?
19)Can a person keep two jobs while on F-1 practical training, considering both jobs are in the same field of study?
20)What if I am unable to complete my program by the time indicated on my I-20AB?
21)Am I in status if I do not study during my schools summer vacation.
22)Can other non-immigrants pursue studies in the U.S.?
23)Does this mean I have to leave the United States?
24)How strong must my English skills be to qualify for the F-1?
25)I am a student on an F1 visa and I am in the process of applying for an Australian Permanent Residency since my wife is an Australian citizen. I was wondering if there will be any problems because of this if and when I apply for an American green card. I hold an Indian citizenship. So are there any rules like you can be a PR of only one country at a time
26)How do I apply for F1 status?
27)Is working permitted on a F1 Visa?
28)When I was offered a better position from another employer I was on F1 OPT but decided to quit the job as I was offered a better position from another employer. Am I allowed to change jobs with my current status?
29)Is there a way where I can change my status to F1 to avoid the 6-year cap on H1B, and then change back to H1B status after a year to restart the 6-year clock?
30)When I came to the US I wan on B2 visa but now I want to change to F1; is this possible?
31)When can I file for change of status to H1B?
32)I received an I20 from university of misssouri rolla.I have some queries regarding the present condition of F1 visas for US in view of the post war attacks.
1.How many F1 visas are sanctioned for the december 2001?how many F1 visas are sanctioned for the december 2001?
2.Will there be any tough policies that are being newly included in visa processing?
3.Is there any better period in which I could apply for visa?
33)Can I apply for an F1 visa immediately, or do i need to obtain a waiver to apply for an F1?
34)Can I apply for an F1 visa immediately, or do i need to obtain a waiver to apply for an F1 also If i am eligible to apply for an F1 (without waiver), do i require the waiver to change status to an H1b at a later stage, after graduation on F1?
35)I am presently on F-1(student) visa and have graduated in December '2001.Through my husband's employer , we have filed for I-485 in Dec' 2001.I want to know whether i must apply for my OPT or is I-485 application good enough to keep me in status.
36)I am a green card holder and my fiance is F-1 status and would finish his school in July 2002. We are planning to go to India in May and get married. I have heard that when an F-1 visa holder gets married to a green card holder, one needs to be extra cautious as the "intent" may be questioned at the port of entry. Could you please let us know if this is something we need to be worried about? Also, would it be in any way beneficial if we get "briefly" married in US in court before going to India in May. Would getting married here in U.S. be in any way helpful when we apply for his green card based on our marriage?
37)Do we have to tell the immigration officer at the airport at the time of our arrival in USA that we intend to study in the U.S.A (if we enter on B1/B2 visa) and will they change our status to F-1 at the airport?
38) I am recently on H1B and got accepted to a grad school. I will be switching to F1. Do I need to leave the country (Canada/Mexico) in order to get a stamp of F1 visa?
Q1. Can I just get I-20 and be considered switched?
Q2. When do I need to start the process?
39)I was on F1 and worked for IBM on practical training and now I got my visa status converted to H1B. Is F1 to H1B conversion liable for stamping in US. If yes what is the procedure?
40)I came to the United States on H-4 visa and converted to F-1 recently. I am planning to go to my Home Country to get my visa stamped in my passport.Can I go to a country other than my Home Country for the visa stamping?
41)I am a citizen of India.I am in the US on F1 status.I came here last August.I have a valid visa up to 5 years that is up to 2006.Recently I lost my passport and I got duplicate passport from Indian embassy in New York.But for my visa to be stamped again on my passpor twhat is the procedure to be followed. Can I get my visa stamped from here? Or should I go out of country?
42)I own a State of California approved construction school and have been asked to supply a I-20 form for an African student who wants to come here to become a heavy equipment operator. How do I go about issuing a I-20 form so he can get his visa?
43)1.For a F1 student who converts to H1 after the degree, my understanding is that he can immediately join the employment once the H1 is received, and stamping can be done whenever he goes to India next time.Is this true?
2.In the above case, if the student is already working on a student EAD post degree internship, and if some company applies for a H1, is it O.K. to join the new company immediately and STAMP only next time when they go to India.
44)I am on F-1 visa (student visa). Can I apply for green card (Permanent Residency)?
45) My wife is here on H4 visa. Is she allowed for the study on H4 or we need to get Student visa for study. 
46) My mother file petition on behalf of me to apply for immigration in 1997. My case belong to family-based category F2B. My mother changed her status( got citizenship) two months ago. do I need to re-lodge my appliction and put it at the end of the waiting list of F1 or get PR immediately? If I want to marry with my girl friend now, is my wife benefitted on my application? 
47) I am currently on F-1 OPT status and have just received the approval notice for H-1B Visa with the company I am currently working for. However my OPT expires only in Fall and I am interested in a summer project at another company. Can I work for the other company using my OPT employment authorization during the summer? Do I have to keep my OPT status with my current company for this to work or am I required to switch to H-1B status? Does the latter invalidate my OPT employment authorization document? 
48)I am holding an OPT card right now.
1. Is it true that I can stay in US for 60 days after the expiration of the OPT card?
2.If not, can I stay in US in the timespan when my H1 approval is in process and my OPT gets expired? 
49)I am already in the US and was going to school Full-time. I was on F-1 visa. My F-1 has now expired. I have my Optional Practical Training (OPT), which is vaild until September 2004. I recently graduated and now looking for a job.Now, I am planning to go to India and get married. My fiance' (and future husband) is also in US and is on H-1B visa (work visa). So, after the wedding, I will apply for a dependent visa (H-4 visa) and come back to US on H-4 visa. Now, will my OPT be still valid if I get my H-4? 
50)I am currently on F-1 visa. From Jan 2001 - Sep 2002, I was on H1 visa .I will be graduating in May 2004 and after that I will be on OPT for an year. In between the OPT period if I apply for an H1 visa, will my new H1 visa be for 6 years or will the period be subtracted from the duration? And will my prior work experience in India and US count while applying for a green card? 
51)I am getting my status changed from H4 to F1 and I am currently in the USA. Is it possible to get F1 stamped in the USA, like you do for H1 extensions, and thus avoid F1 stamping from India? 
52)Does the I-20 we receive from schools imply F1 visa or does F1 apply only if we join school with an I-20? 
53)1. I am planning for higher education in US for Fall'05 and hence will be seeking F-1 during March'05. My wife is software engineer and will be filing for H-1 by next month (May'04). Will our applications hold valid?

2. Is it possible that I study on F-1 & my wife works on H-1? 

54)I am on F-1 Visa, my OPT expires on June 04 and I have found an employer ready to file H-1 and I know I wont be allowed to work before October 1'st even if my H-1 gets approved with premium process, so my concern is there any way that I will be allowed to work on L-1 visa if that exists. 
55)My wife is studying in the US on an H4 visa and she has currently travelled to India to get a F1 visa. If her F1 gets rejected, how long does she have to wait before she can apply for an H4 visa (assuming that the original H4 visa was cancelled by the Visa consulate when she applied for F1 visa interview) 
56)I have an H-4 visa stamped in my passport. I have applied for a change of status to F-1. If I apply for my F-1 visa to be stamped in my passport at the US Consulate in my home country, and it is denied, will I be able to return to the US with the H-4 visa stamped in my passport? 
57)How long will it take if I convert from an F1 to H4 visa and will I have to maintain F1 status till I get my H4 visa? 
58)1. If I have an F-1 stamped in my passport but have not made my initial entry, can I apply for a H-4 without issues? 
59)This is in reference to my H1B visa. I am on OPT right now and planning to visit India after 5-6 days. I got a job offer from a consulting company and they filed for my H1. I am supposed to join them after coming back from India in January. However, I tracked my status from my LIN and it says on the USCIS site that my case has been approved. But, I haven't received my approval notice yet. I am wondering if I do not get the approval notice before I leave or can I come back on F1? 
60)In 1997 (one year before I got my F1 visa in 1998), I applied for an F1 visa and the visa officer said that he cannot give me a visa at the current time then he stamped the last page of my passport with the date and wrote 221-g right below that. My question now is how should I answer item 31 (Yes or No) and Does that reflect somebody's chances to get an H1b stamp? 
61)I will be on F1 status while my husband will be submitting his Green Card application. Will it create any problems for me to get H1B before his green card is approved? 
62)I am on a F1 visa.My visa is valid until May 2007.I am still active student and meeting all the requirements of F1 visa. My husband's attorney for some reason when filing for his H1B extension, also filed for my extension through form I539. With my husband's H1B approval they issued a H4 approval for me for the same period as his.Does receiving a H4 approval with a new I94( which expires in February 2005), change my F1 status.If so what should I do to get back on F1 status. 
63)1. I am a Citizen of India and I am on F1(student) visa. I would like to apply for F2 visa for my spouse. Can she change to F1 visa from USA itself if she wishes to study later on? 
64)I am currently on valid F-2 derivative visa, in-status, residing in the US. The principal F-1 holder is also in-status and on a valid visa. I am intending to study fulltime in the US, I have been issued an I-20. I have not applied for a change of status with the USCIS (DHS Form I-539).
1. I realize that it is best to apply in my home country, but will I be eligible to apply for the new F-1 visa as a third-country national in Mexico instead? 
2. Do I need to present an approved I-539 in either Mexico or my home country when applying for the F-1 visa?
3. I know that the time frame for I-539 approval is 2-6 months, but based on your experience with previous cases, is 3 months sufficient time to allow processing (now til the end of August)?



 
  Q1   Can one work as a consultant for more than one company
while on F-1 practical training?
A1   Employment Authorization allows just about any type of employment in the
USA, if he/she has an EAD card. But rules for practical training have
changed in the not-too-long-ago past. Please check with your
foreign student advisor at last school for a copy of the rules.

[Index]  [Compiled by Law Offices of Rajiv S Khanna]
 
  Q2   If my current F-1 visa has expired, is it possible to obtain F-1visa
from Canada/Mexico?
A2   It is possible, but difficult. There are several factors that go into
the likelihood of success. If you already possess F-1 visa from your
home country (and it has expired); if the completion of your course is
not taking an inordinately long time; if you have not been out of status and
if the consular officer is convinced of your good intentions,
you MAY get the visa.

[Index]  [Compiled by Law Offices of Rajiv S Khanna]
 
  Q3   What should I do if I am out of status on my F-1?
A3   You should be able to regain status through departure and re-entering using
a valid F-1 visa and Form I-20 (student copy) validated by your foreign
student adviser if you can convince the USCIS (INS) of the following:

1) the status violation resulted from circumstances beyond your control or
that failure to receive reinstatement would result in extreme hardship
to you;
2) you currently are pursuing or intend to pursue a full course of study at
the school listed on the I-20;
3) you have not engaged in unauthorized employment; and
4) you are not otherwise deportable.

[Index]  [Compiled by Law Offices of Rajiv S Khanna]
 
  Q4   What financial requirements must be met to receive an F visa ?
A4   The applicant must demonstrate adequate financial support to cover him/her
through the entire academic program will be available and that adequate
funds are currently available for the coming academic year. Acceptable
evidence may include school financial aid, personal and family funds and
government assistance. Anticipated earnings from employment during school
may not be used to show adequate financial resources.

[Index]  [Compiled by Law Offices of Rajiv S Khanna]
 
  Q5   What are the procedures for applying for an F-1 visa ?
A5   Unlike most non-immigrant visas, it is not necessary to obtain prior
clearance from the USCIS (INS). Rather, the student must obtain an I-20 A-B
Certificate of Eligibility from the school where the student intends to
enroll and submit together with the OF-156 Non-Immigrant Visa form and
supporting documentation regarding financial resources evidencing
an intent to return to the students home country to a U.S. Consulate
in the students home country. After the visa is issued, the student
applies at the U.S. border for admission. If the applicant is already
in the U.S. in another non-immigrant status, the student applies to the USCIS (INS).

[Index]  [Compiled by Law Offices of Rajiv S Khanna]
 
  Q6   Must an F-1 student be studying on a full-time basis ?
A6   Yes. At the undergraduate level, this normally means at least 12 academic hours.
Graduate level full-time is left to the school to define
(especially since work on a thesis or dissertation may constitute full-time
work even though no credit hours are being taken).

[Index]  [Compiled by Law Offices of Rajiv S Khanna]
 
  Q7   How long can I stay on an F-1 visa ?
A7   Foreign students are permitted to stay in the U.S. for the entire period of
enrollment in an academic program plus any period of authorized practical
training and a 60-day grace period to depart the U.S. The whole period is
normally referred to as duration of status and is noted on the I-94 as
D/S. The student must complete the academic program prior to the date of
expiration listed by the designated school official on the I-20AB (a form
issued by the school). Do note, however, that you must carry a full time
course load (except if you are in your last semester of study). See the
following answer.

[Index]  [Compiled by Law Offices of Rajiv S Khanna]
 
  Q8   Can I pursue an F-1 visa if similar training is available in my home
country?
A8   Yes. However, to pursue practical training, such training must not be
available in the aliens home country. In most cases, however, USCIS (INS) does
not make a big issues of it.

[Index]  [Compiled by Law Offices of Rajiv S Khanna]
 
  Q9   Who can apply for an F-1 visa ?
A9   Any alien who has applied to and been accepted to enroll on a full-time
basis in an academic education program which has been approved by the USCIS (INS)
to accept F-1 applicants is eligible to apply if the student is proficient
in English or engaged in English language courses leading to English
proficiency. The alien must also demonstrate sufficient financial resources
to study without having to work and he or she must also show that there is
no intent to abandon residency in the students home country. Aliens who
are already in the U.S. in a valid status may apply for adjustment of
status to student status. See answer below.


[Index]  [Compiled by Law Offices of Rajiv S Khanna]
 
  Q10   Can I transfer schools on the same F-1 visa ?
A10   Yes, if you are currently a genuine nonimmigrant student, you may have been
pursuing a full course of study at the school you were last authorized to
attend during the term immediately preceding the transfer, you intend to be
a full-time student at the new school and you are financially able to attend
the new school.

When you seek a transfer, you must notify the present school of the transfer
and obtain the I-20 AB from the new school. You must complete the Student
Certification portion of the I-20AB and deliver it to the foreign student
officer at the new school within 15 days of beginning attendance at the new
school. The foreign student officer will endorse the transfer on your I-20
copy and return it to you. The foreign student officer then sends the
original I-20 to the USCIS (INS) and a copy to the old school.

[Index]  [Compiled by Law Offices of Rajiv S Khanna]
 
  Q11   Is an F1 visa holder permitted to start their own business in the US (as a sole proprietorship or corporation)? Is some sort of a USCIS (INS) permit required ?
A11   While the possible permutations/combinations are many, overall, an F-1
student cannot engage in business. There are restrictions against
off-campus employment and against unauthorized employment.

Technically, it may be possible to form a corporation, obtain pre or post
completion employment authorization and then have the corporation hire
you as an employee, but here is the catch-22 as I understand the law:
while it is permissible to
start your own company, it is NOT permissible to derive profit
(including accrued profits or future profits) from it. The regulations
for unauthorized employment define employment broadly. Thus, owning a
company for almost any benefit could amount to unauthorized employment.

Next logical question. Can you invest in stock exchange and derive
profit. The answer: that should be permissible. That is just like
getting interest from the bank.

The distinction IMHO seems to be the distance between investment and
control. The closer you are to control of the corporation, the more
likely it is that your employment on F-1 is unauthorized.

[Index]  [Compiled by Law Offices of Rajiv S Khanna]
 
  Q12   Can a person keep two jobs while on F-1 practical training, considering both jobs are in the same field of study?
A12   Yes
[Index]  [Compiled by Law Offices of Rajiv S Khanna]
 
  Q13   Can one work as a consultant for more than one company while on F-1 practical training?
A13   ] Employment Authorization allows just about any type of employment in the USA, if he/she has an EAD card. But rules for practical training have changed in the not-too-long-ago past. Please check with your foreign student advisor at last school for a copy of the rules.
[Index]  [Compiled by Law Offices of Rajiv S Khanna]
 
  Q14   If my current F-1 visa has expired, is it possible to obtain F-1 visa from Canada/Mexico?
A14  

Ans:-[From Rajiv S. Khanna, rskhanna@immigration.com] It is possible, but difficult. There are several factors that go into the likelihood of success. If you already possess F-1 visa from your home country (and it has expired); if the completion of your course is not taking an inordinately long time; if you have not been out of status and if the consular officer is convinced of your good intentions, you MAY get the visa.

Vancouver, Canada
------------------

[An experience from one of our immigration.com user on F-1 Visa renewal.]
Dear Rajiv,
I just got back from my trip to Vancouver B.C. The good news is that I got my F-1 visa renewed. I was not asked too many questions. I went there at about 7 am and they started taking people in at 8 am. My appointment was for 9 am. I got a token number (based on appointment). My interview was conducted at 11:40 am. The consular officer asked me the purpose of my visit and then asked for my transcript. She asked a question about the grading scheme, asked if I was on a scholarship and asked me to pay $100 and return the next day for the visa. Just a few things you need to be careful about ---

  1. There is a $20 processing fee and the Vancouver office does not give change.
  2. You must try and be there early as the queue does become quite long. I presume that it is the same queue for both immigrant and non-immigrant visas. The two groups are ofcourse interviewed separately but the initial processing of forms is done by the same person.
  3. Once you have submitted your application and are made to sit in the waiting room please do not leave the room for any reason whatsoever. There was this one guard who was particularly rude and rough on people who stepped out to go to the rest room. I understand that they are possibly concerned about security.

I had taken the following documents with me

  1. Appointment letter
  2. Passport, I-20, I-94
  3. Letter of intent (financial aid)
  4. Letter from the conference organizing committee (I plan to attend a conference in France)
  5. Letter from my advisor (describing my research and teaching accomplishments) and explaining why the conference is important for me
  6. Letter from my chairman (again evaluating me as a student and also my performance as a TA)
  7. Letter of full-time enrollment (from the International Students office)
  8. Statement of support from my father (on stamp paper stating that he would be willing to bear my tuition and living expenses in case the need arose)
  9. A statement of my father's assets and flat in India.
  10. Official transcripts from ISU
  11. Pay stubs (TA pay checks)
  12. My bank account statement
  13. Official degree certificates (BE and MS)
  14. Miscellaneous documents (don't know if they are really necessary) photocopies of awards, certificates; TOEFL scores; 1995 tax return; clippings on job openings in India; Letters written by my parents;

I must thank you for talking to me over phone and advising me on the visa issue.
Best Regards,
- Rajesh


[Index]  [Compiled by Law Offices of Rajiv S Khanna]

 
  Q15   What status will my spouse receive?
A15   A dependent spouse and children (under age 21) are eligible for an F-2 visa valid for as long as the F-1 is in valid status. F-2s may study on a full time or part time basis, but may not receive financial aid or engage in employment.
[Index]  [Compiled by Law Offices of Rajiv S Khanna]
 
  Q16   What are the options for off-campus employment?
A16   The pilot off-campus employment program available since 1990 will expire on September 30, 1994 and, as far as I have been able to determine, has not been renewed.

Off campus employment is still available in cases of severe economic hardship. You must meet the following conditions to pursue off-campus employment:

       - you are in good academic standing and are studying full-time;        - you can show severe economic hardship (the following may be acceptable):        - loss of financial aid or on-campus employment through no fault of the student;        - major currency fluctuations        - inordinate tuition or living expense increases;        - unexpected financial changes in the students source of support;        - unexpected expenses        - on-campus employment opportunities are unavailable;        - one academic year has been completed;        - the foreign student advisor recommends work authorization

To obtain work authorization, Forms I-538 must be submitted to the foreign student advisor for certification. The student must submit to the local USCIS (INS) office the certified I-538, Form I-20 (student copy), Form I-765, a filing fee for the I-765 (see list of fees in the FAQ), and supporting evidence showing economic hardship.

If approved, the student will receive a one-year employment authorization card permitting up to 20 hours/week of work. Employment authorization may be available under the curricular practical training program if the proposed employment is an integral or important part of the F-1s curriculum. Any employment required for a degree qualifies, but the employment need not be a prerequisite for the degree in order to get CPT if the course credit is available for the employment, CPT is listed in the schools course handbook and a faculty member oversees the course. Where employment is required for an undergraduate degree, 9 months of study must be completed. Where employment is required for a graduate degree, employment may begin right away.

Where employment is not required, 9 months of study must be completed, regardless of whether the student is at the undergraduate or graduate level. To apply, the foreign student adviser will mark on the back of the students copy of the I-20AB whether the authorized work is full or part time. If part time, only 20 hours/week of work are allowed. Full time work is possible and enrollment is not necessary. There is no time limit on this type of employment, though eligibility for post-completion practical training is lost if curricular practical training lasts more than 12 months.

Optional practical training is available either before or after graduation for a total period of up to twelve months.

Pre-graduation and post-graduation training periods are added together to determine if 12 months are exceeded. Part time work is counted as one-half the amount of time of full time work. The training must be in the students educational field.

Pre-graduation practical training is available during the school year if employment is less than 20 hours per week and the student has been enrolled for at least 9 months. Post-graduation practical training is available upon completion of required course work or when the course of study is complete. While engaging in post-graduation practical training, the student may enroll in school on a part time basis.

If a student returns home for five months or more and returns to engage in a new course of studies, the student gets 12 more months of employment authorization. But if a student merely transfers schools, he or she will have to get new employment authorization and will have to split the 12 months between the schools. To obtain practical training, the student must apply to the foreign student adviser to endorse Form I-538. The student then applies directly to the local USCIS (INS) office for an employment authorization document (EAD) by filing Form I765 with fee and Form I-538.

You may apply for post-graduation practical training as early as 90 days prior to completion or 30 days after. The USCIS (INS) will issue the EAD effective from the date of completion of studies or the date on which the EAD is created - whichever is later. An employment offer is not required.
[Index]  [Compiled by Law Offices of Rajiv S Khanna]

 
  Q17   What are the procedures for pursuing on campus employment?
A17   Any F-1 who is maintaining status may work on the schools campus for up to 20 hours/week during school and full-time during breaks. On-campus employment may not displace US workers, but no proof of this is required. The basic test is whether the position is traditionally filled by students or workers.

Most schools require you to receive authorization from your foreign student advisor, but USCIS (INS) permission is not necessary. For graduate students, on-campus employment includes employment by employers off-campus which have an educational affiliation or research contract relationship with your school.
[Index]  [Compiled by Law Offices of Rajiv S Khanna]
 
  Q18   What if I am changing educational programs but remaining at the same school?
A18   If you are changing programs (e.g. B.S. to M.S.), the student must apply for a new I-20AB for the new program and submit to the foreign student advisor within 15 days of beginning the new program. The foreign student advisor will return pages 3 and 4 of the I-20AB to you and sends pages 1 and 2 to the USCIS (INS) service center within 30 days. Your permission to work off campus is not affected. If you are simply changing majors, but pursuing the same degree, no notification is required.
[Index]  [Compiled by Law Offices of Rajiv S Khanna]
 
  Q19   Can a person keep two jobs while on F-1 practical training, considering both jobs are in the same field of study?
A19   Yes
[Index]  [Compiled by Law Offices of Rajiv S Khanna]
 
  Q20   What if I am unable to complete my program by the time indicated on my I-20AB?
A20   You must apply to your foreign student advisor for an F-1 extension within 30 days preceding the expiration of your I-20AB. You are eligible for an extension if 1) your application is timely; 2) you have maintained your status without violation; and 3) you can demonstrate that the need for an extension is due to compelling medical or academic reasons.
[Index]  [Compiled by Law Offices of Rajiv S Khanna]
 
  Q21   Am I in status if I do not study during my schools summer vacation.
A21   Yes, if you are eligible and intend to return to school in the next term. You may take a vacation at any point after an academic year is completed, but two vacation terms may not be taken consecutively and vacation time may not be accumulated.
[Index]  [Compiled by Law Offices of Rajiv S Khanna]
 
  Q22   Can other non-immigrants pursue studies in the U.S.?
A22   Yes. Dependents of A, G, H, L, E, and I aliens may study on a full- or part-time basis. Workers in the B-2, H-1, H-2, H-3, L-1, E-1 or E-2 categories can pursue incidental educational activities as long as the educational activity is not the aliens primary activity.

Note, however, all categories stated above are NOT necessarily permitted to obtain assistantship type benefits from school.
[Index]  [Compiled by Law Offices of Rajiv S Khanna]
 
  Q23   Does this mean I have to leave the United States?
A23   Yes! Since you lost your work permit and your visa, you are not allowed to work in the United States any longer, unless you have another visa like an H-1B. If you have a visitor visa (B-1, B-2), you can certainly stay, but your are not allowed to work any longer.
[Index]  [Compiled by Law Offices of Rajiv S Khanna]
 
  Q24   How strong must my English skills be to qualify for the F-1?
A24   The school must certify that the prospective student has proficiency in English (usually demonstrated by passing an English proficiency examination like the TOEFL) or the student will be enrolled in courses in a language in which the student is proficient or the student will be enrolled in a full course of study consisting of both academic courses and English instruction or the student is enrolled in a language training program constituting a full course of study.
[Index]  [Compiled by Law Offices of Rajiv S Khanna]
 
  Q25   I am a student on an F1 visa and I am in the process of applying for an Australian Permanent Residency since my wife is an Australian citizen. I was wondering if there will be any problems because of this if and when I apply for an American green card. I hold an Indian citizenship. So are there any rules like you can be a PR of only one country at a time?
A25   There is no such rule. All what U.S. laws require is that for your GC, your permanent residence in fact must be U.S
[Index]  [Compiled by Law Offices of Rajiv S Khanna]
 
  Q26   How do I apply for F1 status?
A26   Contact schools for the application materials. Each school has a Designated School Official (DSO), often referred to as the International Student Advisor, who can help you with the process, advise you if any English language proficiency tests may be needed, and so forth. The DSO fills out a form called an I-20 that indicates the expected duration of the study program, the costs, and other information. These items have to be submitted to the U.S. consulate in the F1 visa applicant's home country, if applying for the F1 visa overseas, or to USCIS (INS) if applying for a change of status to F1 while in the U.S.
[Index]  [Compiled by Law Offices of Rajiv S Khanna]
 
  Q27   Is working permitted on a F1 Visa?
A27   You will be authorized to work for a specified period of time only if you are granted either Optional Practical Training or Curricular Practical Training.
[Index]  [Compiled by Law Offices of Rajiv S Khanna]
 
  Q28   When I was offered a better position from another employer I was on F1 OPT but decided to quit the job as I was offered a better position from another employer. Am I allowed to change jobs with my current status?
A28   Yes you can work for any employer under F1 OPT, since you have been granted an Employment Authorization Card (EAD), to work in connection with the education obtained in the U.S. You will be legally considered to hold F1 status until sixty days past the expiration of your EAD card. You cannot work after the EAD expires. If you wish to remain longer and work in the U.S., an employer should file an H1B petition for you before that 60-day period ends, or consider another valid work status. You would be allowed to remain in the U.S., but not work, while the petition for the change of status is pending. Or you can leave the U.S. and wait abroad until the H1B or other non-immigrant petition is approved, and then apply for the H1B or other relevant visa to come back to the U.S. and take up the job. You can consult an attorney for help.
[Index]  [Compiled by Law Offices of Rajiv S Khanna]
 
  Q29   Is there a way where I can change my status to F1 to avoid the 6-year cap on H1B, and then change back to H1B status after a year to restart the 6-year clock?
A29   Not possible. After 6 years on H1B, the only way to restart the clock for the entire 6-year term on H1B is to leave the country for one year. Please note that under certain circumstances (relating to particular stages of the Green Card process), a person may be able to obtain an extension beyond the 6 years, without leaving the U.S., under ACTA.
[Index]  [Compiled by Law Offices of Rajiv S Khanna]
 
  Q30   When I came to the US I wan on B2 visa but now I want to change to F1; is this possible?
A30   Yes it is technically possible, but it may not be desirable, as there could be risks in re-entering the U.S. after foreign travel. Therefore it is better to avoid switching from B2 to F1, especially soon after entry into the U.S., even if the USCIS (INS) initially approves the change of status to F1. For a situation like this you can contact an attorney.
[Index]  [Compiled by Law Offices of Rajiv S Khanna]
  Q31