| |
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]
|
| |
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 ---
- There is a $20 processing fee and
the Vancouver office does not give change.
- 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.
- 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
- Appointment letter
- Passport, I-20, I-94
- Letter of intent (financial aid)
- Letter from the conference
organizing committee (I plan to attend a conference in
France)
- Letter from my advisor (describing
my research and teaching accomplishments) and explaining why
the conference is important for me
- Letter from my chairman (again
evaluating me as a student and also my performance as a TA)
- Letter of full-time enrollment
(from the International Students office)
- 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)
- A statement of my father's assets
and flat in India.
- Official transcripts from ISU
- Pay stubs (TA pay checks)
- My bank account statement
- Official degree certificates (BE
and MS)
- 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]
|
| |
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]
|
|