• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

How long can I stay after my F1 Visa Expires?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

OEV

Junior Member
What is the name of your state (only U.S. law)?
TEXAS


Hi, IM currently under an F-1 Visa and i will be graduating in May next year and my F-1 expires the following August.

I've attended several immigration seminars focused on International students and i dont know if it was there where i heard that for purposes of finding a job or an OPT im allowed to stay for a year after my graduation but i dont know how true is that or what legal process should i apply for in order to get that "one year".

The main purpose for that year is to find a job that will sponsor me a working visa and eventually apply for citizenship.

Thank You
 


JETX

Senior Member
From the US State Department website:

How long may I stay on my F-1 student visa?

When you enter the United States on a student visa, you will usually be admitted for the duration of your student status. That means you may stay as long as you are a full time student, even if the F-1 visa in your passport expires while you are in America. For a student who has completed the course of studies shown on the I-20, and any authorized practical training, the student is allowed the following additional time in the U.S. before departure:

* F-1 student - An additional 60 days, to prepare for departure from the U.S. or to transfer to another school.
* M-1 student - An additional 30 days to depart the U.S. (Fixed time period, in total not to exceed one year). The 30 days to prepare for departure is permitted as long as the student maintained a full course of study and maintained status. An M student may receive extensions up to three years for the total program.

Student Visas
 

candg918

Member
A US degree is not a guarantee of either a job or a green card. If you have been told that, you have been misinformed. You may apply for the OPT program to work in your ares of training but must follow very specific rules in order to take advantage of the opportunity. If you do not participate in OPT or have not found an H1B sponsor, you must leave the US within 60 days of completing your degree. You may not apply for a green card; you must be sponsored. In the case of employment, you must be petitioned by an employer who has been unable to locate a US citizen quailfied for and willing to take the job.

You need to review the USCIS documentation. Speak with the international student office at your university for clarification of specific questions.

Please note that some internet forums have advised that a student should expect to be able to "volunteer" to work at his university in order to meet the OPT requirements and remain in the US until locating a real paying job. Be advised that many universities will not permit this. On OPT or H-1B, you are required to work in your area of training - not any arbitrary position. If you do not find a position, expect to leave the US and continue your job search from your home country. Given the difficulty that recent US citizen graduates are having locating positions in their area of study, you should not be overly optimistic at this time.
 

OEV

Junior Member
Thanks for reply and one more question

Thanks for the promptness of your reply.

I think the 60 days after my graduation is the answer to my question.

Now, this might be a bit off topic but if i decide to become a grad student to what i know i can be part-time student and get an off-campus job. Am I right?

Thank you!
 

candg918

Member
No you may not. You must be enrolled full time. All work requires approval. CPT must be a part of an established curriculum. You must demonstrate financial responsibility for educational and living expenses. So not attend any unaccredited institution; some promise full time CPT and distance learning; these are a waste of money of they do not have accreditation as they are not recognized as legitimate by employers.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top