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How to Extend
Student Status
This
message explains how an F-1 or M-1 student can apply for an extension of
their student status while in the United states. An F-1 student is
admitted to the United States for "Duration of Status" (which is
noted as "D" slash "S" on their Form I-94,
"Arrival-Departure Record", instead of a specific expiration
date) to complete an educational program, plus any authorized practical
training following completion of their studies, plus sixty day grace
period to prepare for departure from the United States.
An
F-1 student is eligible for program extension if he or she has
"continually maintained status" and delay in completion is
"caused by compelling academic or medical reasons, such as changes of
major or research topic, unexpected research problems, or documented
illnesses."
To
apply for an extension an F-1 student must submit completed Forms I-20A-B
and I-538 to their designated student official within a 30-day period
before the expected completion date noted on the initial Form I-20A-B.
The
program-extension process does not require an INS adjudication or a formal
authorization of extension of stay. It is a process whereby the designated
student official verifies eligibility criteria and notifies the INS Data
Processing Center of a student's new expected completion date. This
information is used to update INS's student database.
A
M-1 student must keep valid his or her permission to stay in the United
States, as noted on the Form I-201D. Extension of stay for M-1 students is
processed by submitting Form I-539 with the required filing fee.
Send
the student's Form I-201D, the Form I-20M-N (if applicable), and the Form
I-94 of dependents (if any) to the INS office having jurisdiction over the
student's current school not less than 15 or more than 60 days before the
student's authorized stay expires.
The
student should not send his Form I-94 or passport to INS. While the
application for extension of stay is pending, the M-1 student is
considered to be legally in the United States as long as the student has
met and continues to meet all the requirements for maintaining his or her
status.
Permission
for Foreign Students to Work
This
message explains how foreign nationals on F-1 or M-1 student visas may
apply for permission to work. There are only certain types of employment
legally available to F-1 or M-1 students in the United States.
M-1
students may not work, except for practical training, for which approval
from INS is required. F-1 students, on the other hand, may accept
practical training employment or off-campus part-time employment after
having been in status for nine months. F-1 students must apply for INS
approval for off-campus employment and practical training after
graduation. Note that F-1 students may accept on-campus or curricular
practical training when authorized by the designated school official.
These
rules are strict because F-1 or M-1 visas are not initially approved
without proof that the potential student can provide for themselves and
their education without needing to work while in this country. Please note
that the law bars any F-1 student from any type of off-campus employment
during their first 9 months as a foreign student in the United States.
Both
the F-1 and the M-1 students must use recommendations by the designated
school official on Form I-201D, along with Form I-765, "Application
for Employment Authorization," to apply for employment authorization
from the INS. The instructions on the Form I-765 should answer any of your
questions about the student employment, and filing fees required, and
where to file the application.
Please
remember that it is important that you are barred from accepting any
off-campus or practical training employment unless and until you receive
authorization by the designated school official on your I-201D or a Form
I-688B from INS. If you are found working without permission, you are
subject to deportation.
Visa to Study
or Do Research in the U.S.
Foreign
students can study in the US under F-1 student visas or J-1, exchange
visitor visas. The applicant must be accepted by a school or institution
approved by the INS to issue I-20 forms, or by the US Information Agency
to issue IAP-66 forms. You can find out from the school or institution
whether it has the necessary approval.
The
school or institution will send the I-20 or the IAP-66 form directly to
the student or exchange visitor. The student or exchange visitor can apply
for the visa at the nearest embassy or consulate.
To
apply, he or she must present a valid passport, one recent 1.5 inch square
photograph, the I-20 or the IAP- 66, and a completed application form. The
application form may be obtained from the embassy or consulate.
The
applicant must also present evidence that all expenses can be paid. In
addition, he or she must show serious intent to study or do research and
that he or she has strong and binding ties that will compel departure from
the US after the study or exchange visitor program has been completed.
The
applicant must also have enough knowledge of English to be able to study
here, or proof that English language training here has been arranged.
A
student's or exchange visitor's spouse and unmarried children under the
age of 21, also can apply for visas to come with him or her.
If
you are in the US on a student or exchange visitor visa and wish to change
school or institution, or obtain work permission , you must contact your
foreign student advisor, responsible officer, or your local immigration
service.
If
your visa has expired and you need a new one to travel outside the US and
return, you should apply for the visa at an American Embassy or Consulate
while overseas.
The
Department of State does not issue or renew student or exchange visitor
visas in the US.
Visas for the
Spouse and Dependent Children of Foreign Students
Note
that if there has been any major change in the information on your I-20A-B
or I-20M-N, a new form will need to be obtained and submitted by the
foreign student.
When
the family members enter the United States, they will present their
passport and form I-20A-B or I-20M-N to the immigration inspector. The
inspector will issue each person a form I-94, Arrival-Departure Record,
which notes the authorized period of stay. This period of stay will match
that of the foreign student. Please note that F-2 or M-2 visa holders are
barred from accepting employment or engaging in business under any
circumstances while in the United States. To do so will subject the
individual to deportation.
The
American consulate in your native country would determine whether the
above requirements are met and qualifies as a spouse or dependent child
for an F-2 or M-2 visa. In addition, form I-20A-B or I-20M-N from the
school which the foreign student is either going to attend or is currently
attending must be submitted to the American consular officer in order to
support the application for the F-2 or M-2 visas.
If
the spouse and or dependent child are going to accompany the foreign
student to the United States, the foreign students' form I-20A-B or
I-20M-n may be used as the basis to request the F-2 or M-2 visas.
If
the spouse and or dependent child are joining the student later, they will
need to submit to the United States consular officer a properly endorsed
form I-20A-B or I-20M-N from the school the foreign student is attending.
For
a spouse and/or dependent children to enter the United States with an F-1
or M-1 student, or to join them later, the spouse and/or dependant
children must meet certain requirements. These requirements are:
1.
They each must hold a valid passport, unless they are citizens of Canada
or exempt from passport requirements;
2.
They must prove they have sufficient funds to meet all their expenses
while in the United States;
3.
They must agree to depart the United States upon the termination of the
foreign student's F-1 or M-1 visa.
School
Transfers for F-1 Students
If
you are currently an F-1 student who has been pursuing a full course of
study at a school which INS has authorized you to attend you may transfer
to another school or continue in the same program or major at a different
school.
To
be eligible you must be a bona fide student wishing to transfer to another
school to complete an academic educational program. For example, from a
high school program to a college program, or from one degree program to
another, or from one college to another. In order to transfer from one
school to another you must follow some simple procedures.
An
F-1 student who is maintaining status may transfer to a different school
through a notification procedure. There is no need to ask INS for
permission to transfer schools.
To
transfer schools an F-1 student must first notify the school he or she is
attending of the intent to transfer, then obtain a Form I-20A-B from the
school to which he or she intends to transfer. The transfer will be
effected only if the F-1 student completes the student certification
portion of the Form I-20AB and returns the form to a designated school
official on campus within 15 days of beginning attendance at the new
school. Upon receipt of the student's form I-20AB, the school official
must:
1.
Note "Transfer Completed on (Date)" on the student's I-20ID in
the space provided for the designated school official's remarks, thereby
acknowledging the student's attendance;
2.
Return the I-20ID to the student;
3.
Submit the I-20 school copy to the service's data processing center within
30 days of receipt from the student; and
4.
Forward a photo-copy of the form I-20AB to the school from which the
student transferred. However, an F-1 student who is not enrolled as a
full-time student at the school he or she was last authorized to attend is
ineligible for school transfer. Such a student must apply to the INS
district office for reinstatement to F-1 student status on Form I-539,
"Application to Extend Time of Temporary Stay", accompanied by a
Form I-20AB from the new school.
A
fee is required for the processing of the application for reinstatement.
If
permission to transfer is denied, INS will specify a date by which you
must depart the United States. If you transfer schools without first
seeking permission from INS, you will then become subject to deportation.
School
Transfers for M-1 Students
To
request permission to transfer schools as an M-1 student you must submit a
completed form I-539, "Application to Extend Time of Temporary
Stay", along with a completed for I-20MN , "Certificate of
Eligibility for Nonimmigrant (M-1) Student Status for Vocational
Students", endorsed by the designated school official of the school
to which you wish to transfer. These documents, along with your I-94,
"Arrival Departure Record", and those of your spouse and
children and your Form I-20ID, should be submitted to the INS office
having jurisdiction over the school where you were last authorized to
attend.
Sixty
days after having filed for this transfer, you may start attending your
new school. If the application is approved, it will be retroactive to the
date of the filing of the application. You will be granted an extension of
stay for the period of time necessary to complete the course of study,
plus thirty days, not to exceed one year.
As
an M-1 student, you may be eligible to transfer to another school within
the first six months of your present enrollment, provided that you meet
the following requirements:
1.
You must be a M-1 student in valid status.
2.
You must have been pursuing a full course of study at the school which you
were last authorized to attend.
3.
You must intend to pursue a full course of study at the school to which
you wish to transfer.
4.
You must be financially able to attend the school to which you wish to
transfer.
Please
note, after you have completed six months as an M-1 foreign student, you
may not transfer to another school unless, due to circumstances beyond
your control, you are unable to remain at the school which you were
initially authorized to attend.
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