The following questions and answers are based on those frequently posed to the Attorneys and Paralegals at The Law Offices of Svetlana Schreiber & Associates As a courtesy to our clients and the immigrant community, we generously share this useful information.
 

Q1.	What do I need in order to apply for an F-1 visa at a consulate?
Q2.	What is the SEVIS Form I-20?
Q3.	What is SEVIS?
Q4.	How do I change my status from tourist to student?
Q5.	Can I work as a student?
Q6.	What is on-campus employment?
Q7.	How do I maintain my legal status on a student visa?
Q8.	I had Optional Practical Training and it is now expired. Is it true I can stay 60 days after that date?
Q9.	If a B-2 visitor is accepted for admission to a U.S. school and gets an I-20, would s/he be able to change status to student?
Q10.	If I get my F-1 on an I-20 from a particular university, can I change to another university before I start my courses? If yes, how?
Q11.	What do I do about my expired visa?
Q12.	What is the process for changing visa status from F-1 to H-4?
Q13.	I have been working on an H1B and am planning to attend college full time by converting to F-1. Can I go to a U.S. consulate in Mexico or Canada to obtain the F-1 visa? Is there a chance of denial?
Q14.	After being on H1B for the full six years, can I go back to school on an F-1 visa? Do I have to leave the U.S. to do that?
Q15.	I am working on an H1B visa and want to change the visa status to F-1. If the F-1 is denied, can I still use the H1B?
Q16.	I am working on an H1B and would like to pursue further study. Do I need an F-1 or can I study on an H1B?
Q17.	I completed one year of OPT after earning my B.S. degree. Am I eligible for OPT when I finish my MS degree?

Question 1. What do I need in order to apply for an F-1 visa at a consulate?

One needs to have the SEVIS Form I-20, issued by the school. It is also necessary to show sufficient funds to finance one's education, since F-1 students generally cannot work (discussed in more detail below). The SEVIS Form I-20 indicates the amount needed and then it is up to the applicant to demonstrate individual or family financial resources proving the ability to pay those expenses.

F-1 students also have to demonstrate nonimmigrant (temporary) intent in coming to the U.S. It is therefore extremely important to document one's ties to the home country and intent to return there. The available documentation will vary from case to case, but the following are all helpful: proof of job offer upon one's return or plans to join family business; family and community ties; and an explanation of how the particular skills / knowledge gained in the U.S. is needed or marketable in the home country. one may be able to find additional information and pointers on the website of the particular consulate. There is a standard visa application form to complete as well.



Question 2. What is the SEVIS Form I-20? Top

The SEVIS Form I-20 is an official USCIS document that contains information including the school name, the educational degree one proposes to pursue while at the school, the timeframe in which the degree will be attained, financial obligations such as estimates of tuition and living expenses per year, and what sources one has for meeting these financial obligations. It also includes a bar code used to access the student's information within the SEVIS electronic database.

Once the SEVIS Form I-20 has been issued, one can apply for a student visa at the U.S. embassy or consulate in the home country.



Question 3. What is SEVIS? Top

The Student and Exchange Visitor Information System, or SEVIS, is an internet-based system used by the Department of Homeland Security (DHS) to record all significant events in the educational careers of international students while they are in the United States. Designated school officials (DSOs), consular officers of the U.S. Department of State, and officials of the DHS have access to the database. SEVIS collects information such as biographical data, academic status, dates of entry, employment, completion of studies, transfers and other information and significant events that transpire during the course of an international student's academic career.



Question 4. How do I change my status from tourist to student? Top

An individual who has not determined which school to attend in the U.S. may be granted a B-2 visa marked "prospective student" to allow entry to research and apply to schools. After the student is accepted to a school, the B-2 status can be changed to F1. However, an individual who enters on a B visa may not enroll and begin classes until after the change of status has been approved.

If one is already in the U.S. and has a tourist (B-2) or business (B-1) visa, s/he can change the status to student visa (F-1) by applying to the USCIS for a change of status. As long as the person is in the U.S., the change of status is valid. However, if one leaves the U.S. for any reason, it is necessary to apply for a new visa that corresponds to the new status. Before applying for a change, talk to an immigration attorney first, as there are some important legal issues to consider.



Question 5. Can I work as a student? Top

An F-1 student visa classification means one's primary reason for being in the U.S. is to study. However, the USCIS allows such a person to work in the U.S. if it is on-campus employment; off-campus pilot program employment; practical training; or specially authorized, off-campus employment due to unforeseen economic hardship. The school's Designated School Official (DSO) may be able to identify more sources of employment.



Question 6. What is on-campus employment? Top

On-campus work opportunities depend on the type of school. Typically, these opportunities include working at the school cafeteria, dining halls, or snack bars, at the campus bookstore, the school library, computer lab, campus newspaper, dormitory security guard, or as an administrative assistant or clerical worker at the administrative office. Graduate-level students may be able to work as teaching assistants or research assistants.

An F-1 student is automatically permitted to work on campus as long as s/he is otherwise maintaining his/her valid F-1 status. No specific employment authorization is generally required although it is recommended that the F-1 student notifies the DSO in the event that the school has an internal procedure for monitoring on-campus employment of international students. 



Question 7. How do I maintain my legal status on a student visa? Top

A valid certificate of eligibility is important for one's legal status. In addition, one should ensure that the passport is valid for at least six months into the future, that s/he does not work off-campus without proper authorization, and that s/he applies for an extension of stay if it is found the person cannot graduate in the time indicated on the certificate of eligibility. One needs to maintain a full-time course load. If circumstances arise which make that  impossible, one should contact the school's International DSO. There are some limited exceptions to the full-time requirement and the Advisor can authorize a lighter course load in appropriate situations; in cases of illness, for example. It is necessary to obtain such authorization in order to maintain status. Additionally, an international student is required to notify the DSO within 10 days of a change of address, and should also notify the DSO if s/he intends to withdraw.



Question 8. I had Optional Practical Training and it is now expired. Is it true I can stay 60 days after that date?  Top

The duration of one's student status includes any period of study and any authorized training period, plus 60 days.



Question 9. If a B-2 visitor is accepted for admission to a U.S. school and gets a SEVIS Form I-20, would s/he be able to change status to student? Top

It is possible to apply to change status from tourist to student. Whether it would be approved or not depends on several factors, including how long one was here before applying for the change of status, what s/he told the consular officer when applying for the visitor's visa in the first place, and whether there is adequate financial support for school. An additional factor which is sometimes raised by USCIS, but more often by consulates, is whether or not one has shown an intent to return to the home country. An individual who enters on a B visa may not enroll and begin classes until after the change of status has been approved.

Please note that if one travels abroad after the change of status approval, it would be necessary to obtain the F-1 visa at a consulate. It can be difficult to get the visa after having changed status, since the Consular Official would question why s/he did not obtain the F-1 visa originally, instead of entering as a visitor.



Question 10. If I get my F-1 on a SEVIS Form I-20 from a particular university, can I change to another university before I start my courses? If yes, how? Top

Generally, a person cannot switch from university to university without obtaining a new SEVIS Form I-20. One must also obtain valid approvals from the USCIS for the transfer or the designated official at the first school must complete paperwork for the transfer process and the second school would have to issue an I-20. In most cases, the USCIS will not grant the change from one university to another if the person never actually enrolled in the school for which s/he originally indicated s/he was coming to the U.S.



Question 11.  What do I do about my expired visa? Top

The visa stamp is only for travel purposes, while the SEVIS Form I-20 and I-94 govern a student's status while in the U.S. If one does need to travel, it is necessary to apply for a new visa abroad and provide all the documents required, just like the first time.



Question 12. What is the process for changing visa status from F-1 to H-4? Top

The process involves the Form I-539, together with proof that the spouse is in H1B status.



Question 13. I have been working on an H1B and am planning to attend college full time by converting to F-1. Can I go to a U.S. consulate in Mexico or Canada to obtain the F-1 visa? Is there a chance of denial? Top

Assuming one has been working in the U.S. legally, s/he can apply either for a change of status to F-1 while in the U.S. or go out of the country and apply for the F-1 visa to come back. It is necessary for the college to first issue a SEVIS Form I-20 The risk of applying for the visa at a third-country consulate is that, if the visa is denied, the applicant generally will not be able to get back into the U.S. In that case, the individual would have to take a trip to his/her home country on short notice, leaving directly from the third country. The designated school official or foreign student advisor can explain the procedures required.

Yes, there is always the chance of denial at the consulate. F-1 applicants, like those applying for tourist visas, are required to show ties to their home countries.



Question 14. After being on H1B for the full six years, can I go back to school on an F-1 visa? Do I have to leave the U.S. to do that? Top

Depending upon the circumstances, it may be possible to change from H-1 to F-1. Please note that a person who changes status after six years on H1B would not be able to then go back on H-1 until spending a year outside the U.S. Also, after changing to an F-1, it may be difficult to travel because  one would need an F-1 visa to get back into the country and that requires temporary intent. A person who has already been here for six years on an H-1 may have difficulty showing the required, temporary intent and may appear to intend being here longer.



Question 15. I am working on an H1B visa and want to change the visa status to F-1. If the F-1 is denied, can I still use the H1B?

Please note that it is possible to file for a change of status from H1B to F-1. The visa is what is obtained from abroad or outside the United States but the status can be obtained from within the U.S. itself. It may not be difficult to obtain a change of status from H1B to F-1 from USCIS but it can be much more difficult to obtain an F-1 visa stamp abroad at a U.S. consulate in one's home country, since the F-1 requires a showing of temporary intent.

If the USCIS denies the change of status then one would still be in H1B status, assuming s/he maintained that status by continuing to work for the employer.



Question 16. I am working on an H1B and would like to pursue further study. Do I need an F-1 or can I study on an H1B?

A person on an H1B can pursue education but cannot obtain any scholarship and also has to continue maintaining H1B status by working with the employer. Otherwise, s/he is supposed to obtain a SEVIS Form I-20 and file with the USCIS for a change of status from H1B to F-1. An F-1 requires full-time study.



Question 17. I completed one year of OPT after earning my B.S. degree. Am I eligible for OPT when I finish my MS degree?

Yes. A student is eligible for one year of OPT after completion of each education level.

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