H4 - F1 Change Of Status - OPT Eligibility

[Payal22882]

I am student at SMU, Dallas from Fall 2010 with my H4 status.

I am planning to change my current H4 visa status to F-1 to be eligible for OPT in May 2012 when I complete my program.


There are some points here which I am little worried about and would like you seek answer from you.

Any F-1 student who has been continuously enrolled in full-time status for one full academic year (9 months) may apply for OPT.

It is highly recommended that a student mail the OPT application 120 days before the program completion date.

Does this mean that if I get F-1 approval by Fall 2011, I am eligible to apply for OPT before I complete my program in May 2012? I have to mail OPT application by Jan 2012 (120 days before) but at that time I may not have completed my 1 academic year being on F-1 as first requirement says. Is that OK?

Also, am I considered F-1 student as soon as I submit my F-1 status change application and get receipt for the same or I have to wait for approval? If yes, will I have to attend classes in Summer 2011 as F-1 student mandatorily?

Appreciate your help.

[txh1b]

Best bet is to talk to the ISO in the school. They can guide you better on these regulations. You are considered to be in F1 status only after approval of the F1.

[prakasham]

COS from H4 to F1 OPT Eligibility

Hi ,

I'm currently studying on H4 . I started my course from SEP 2011 . I'm planning to finish my course by OCT 2012 .
1) Do I need need to be on F1 for one year for the OPT eligibility
2) Will i be eligible for opt if i apply for F1 in last but one semister?

Thank you . Pls reply

[DSO]

COS from H4 to F1 OPT Eligibility

Hi,

No, you don't need to be in F-1 status for 9 months if you have been studying in another status that allows study (such as H-4) The Service centers do grant OPT to students who have spent some time in another status. You need to include a transcript with your OPT application, otherwise they will send an RFE asking for this and it will delay your application.


You cannot apply for OPT more than 90 days before the program end date. Any information you see about 120 days is outdated, the law changed several years ago. You can apply for OPT so sooner than 90 days before program end date and no later than 60 days after program end date under the current regulations.


You do have to wait for your H-4 to F-1 COS to be approved before you can apply for OPT. If you filed in January, hopefully it will be approved by April. But if it takes longer, you can still get OPT, but you might need your international advisor to take some extra steps. In general, it's best to do the COS to F-1 as early as possible. But it's not necessary to get approved for the F-1 9 months prior to graduation. Note, not all schools are aware of this.

[nehs]

DSO,
I'm so relieved to read your post.
My school DSO is giving me such a hard time saying I have to be on F-1 status for 2 semesters(1 year) to apply for OPT. I know she is wrong but I'm unable to find any USCIS links. do you have any?

I am studying full-time on my H visa (taking 12 credits every semester)and have applied for COS to F-1 this week. Planning to gradaute in Dec 2012, which means I will be eligible for OPT.
MY DSO does not believe this

Do you have any USCIS links/pages that I can show my DSO? Or may be I can get a lawyer's letter for her?

Hi,

No, you don't need to be in F-1 status for 9 months if you have been studying in another status that allows study (such as H-4) The Service centers do grant OPT to students who have spent some time in another status. You need to include a transcript with your OPT application, otherwise they will send an RFE asking for this and it will delay your application.


You cannot apply for OPT more than 90 days before the program end date. Any information you see about 120 days is outdated, the law changed several years ago. You can apply for OPT so sooner than 90 days before program end date and no later than 60 days after program end date under the current regulations.


You do have to wait for your H-4 to F-1 COS to be approved before you can apply for OPT. If you filed in January, hopefully it will be approved by April. But if it takes longer, you can still get OPT, but you might need your international advisor to take some extra steps. In general, it's best to do the COS to F-1 as early as possible. But it's not necessary to get approved for the F-1 9 months prior to graduation. Note, not all schools are aware of this.

[kris.kurra]

H4 - F1 Change Of Status - OPT Eligibility

Hi,

My wife is also in the same situation. She is currently studying in H4 status, planning to convert to F1 after 2 semester and apply for OPT in 4th (final) semester.

Is there a USCIS link showing the information originally posted by DSO.

"No, you don't need to be in F-1 status for 9 months if you have been studying in another status that allows study (such as H-4) The Service centers do grant OPT to students who have spent some time in another status........ But it's not necessary to get approved for the F-1 9 months prior to graduation. Note, not all schools are aware of this."

Thanks & Regards

[ShalV]

RFE on OPT application

Hello,
As mentioned above, I received a Request for Evidence for my OPT application from USCIS today. This is the message I received:

"The form I-20 that you submitted failed to indicate that you have completed one full academic year. Also, your SEVIS record does not indicate a full year of study. Please submit any previous Form I-20's that will demonstrate that you meet the full one year academic requirement."

My start semester was Spring,2013. But, in my case, I changed my status from H4 to F1, during Fall, 2013 semester. So I did not receive any I-20 till September 23rd,2013 (that is when I started my change of status process).
Do you think just submitting I-20's received so far will be sufficient, or are there any other documents that you would advice me to submit along with I-20's which would prove my full-time enrollment in all the semesters from Spring 2013 to Spring 2014.

Will submitting transcript from my school along with all I-20 forms help?

Has anyone received RFE for same reason? What all documents did you submit?

I would really appreciate your help.

[dsrini.shop]

OPT eligibility, any clarification ?

Did anyone have any updates ?

I am in the exact situation, my course if for an year Fall 2014 - Spring 2015. I have applied for COS H4 to F1 3 months back, still pending. If it is delayed before my start day of courses, can I apply for OPT ?

There are no guided policies in these cases, so is it that it depends on circumstances ? Not much information on SEVIS website -

http://www.ice.gov/sevis/practical-training/

Hello,
As mentioned above, I received a Request for Evidence for my OPT application from USCIS today. This is the message I received:

"The form I-20 that you submitted failed to indicate that you have completed one full academic year. Also, your SEVIS record does not indicate a full year of study. Please submit any previous Form I-20's that will demonstrate that you meet the full one year academic requirement."

My start semester was Spring,2013. But, in my case, I changed my status from H4 to F1, during Fall, 2013 semester. So I did not receive any I-20 till September 23rd,2013 (that is when I started my change of status process).
Do you think just submitting I-20's received so far will be sufficient, or are there any other documents that you would advice me to submit along with I-20's which would prove my full-time enrollment in all the semesters from Spring 2013 to Spring 2014.

Will submitting transcript from my school along with all I-20 forms help?

Has anyone received RFE for same reason? What all documents did you submit?

I would really appreciate your help.

[kits]

OPT approved after studying from Community College ?? Anyone ?

Hi
I am looking for my wife to do a 18 credit course + extra 6 credits courses which will help her to get a certification .
As this course will be 24 credit in 1 year . Will she be able to get the OPT approved ?

She is currently on H4 and the certification course will be of 1 year. Can I file H4 to F1 COS once the course starts and then OPT sometime before course completion.

Anyone here who have studied 1 year course from Community College and got the OPT approved.

Thanks

Hi,

No, you don't need to be in F-1 status for 9 months if you have been studying in another status that allows study (such as H-4) The Service centers do grant OPT to students who have spent some time in another status. You need to include a transcript with your OPT application, otherwise they will send an RFE asking for this and it will delay your application.


You cannot apply for OPT more than 90 days before the program end date. Any information you see about 120 days is outdated, the law changed several years ago. You can apply for OPT so sooner than 90 days before program end date and no later than 60 days after program end date under the current regulations.


You do have to wait for your H-4 to F-1 COS to be approved before you can apply for OPT. If you filed in January, hopefully it will be approved by April. But if it takes longer, you can still get OPT, but you might need your international advisor to take some extra steps. In general, it's best to do the COS to F-1 as early as possible. But it's not necessary to get approved for the F-1 9 months prior to graduation. Note, not all schools are aware of this.

[anrbr]

RFE on OPT application

Hi ShalV,

I faced with similar RFE now with regarding to my OPT application. How did you handle your below case. What documents did you send.
I am on FULL TIME student on H4 visa for 3 semester and then on F1 for one semester. Did you send the Transcripts for your case ?

Please help needed.

Thanks

Hello,
As mentioned above, I received a Request for Evidence for my OPT application from USCIS today. This is the message I received:

"The form I-20 that you submitted failed to indicate that you have completed one full academic year. Also, your SEVIS record does not indicate a full year of study. Please submit any previous Form I-20's that will demonstrate that you meet the full one year academic requirement."

My start semester was Spring,2013. But, in my case, I changed my status from H4 to F1, during Fall, 2013 semester. So I did not receive any I-20 till September 23rd,2013 (that is when I started my change of status process).
Do you think just submitting I-20's received so far will be sufficient, or are there any other documents that you would advice me to submit along with I-20's which would prove my full-time enrollment in all the semesters from Spring 2013 to Spring 2014.

Will submitting transcript from my school along with all I-20 forms help?

Has anyone received RFE for same reason? What all documents did you submit?

I would really appreciate your help.

[avinashrajgovind]

H4 TO F1 COS and then apply for OPT eligibility?

Hi ShalV,

I faced with similar RFE now with regarding to my OPT application. How did you handle your below case. What documents did you send.
I am on FULL TIME student on H4 visa for 3 semester and then on F1 for one semester. Did you send the Transcripts for your case ?

Please help needed.

Thanks

Can someone please update the status of how did you deal with the RFE ?

My wife plans to file for cos f1 this April and graduate in march next yr. Will she satisfy the opt eligibility? School stresses on the one academic year F1 study

[Tessa]

H4 to F1 cos

Hello

I am presently in H4 and will be joining for MS in this fall semester.I am planning to change my visa status to F1.

With this Change of status can i apply for OPT or i should get my F1 stamped?
Also if i am travelling to India is there a chance of rejection for F1. Is there any other way to get F1 stamped?

Please reply

[Rakesh Soni]

Hello

I am presently in H4 and will be joining for MS in this fall semester.I am planning to change my visa status to F1.

With this Change of status can i apply for OPT or i should get my F1 stamped?
Also if i am travelling to India is there a chance of rejection for F1. Is there any other way to get F1 stamped?

Please reply

Tessa, F1 stamp is not needed for OPT. Once you receive your COS H4 to F1 visa and complete your study for 1 year as full time student (Preferred with F1 visa only some university allow to proceed with H4 visa also).
I would like to inform all of the student who is doing their study on H4 visa, change your visa status as soon as possible because USCIS it self take around 6 to 9 month time for approved change of status. So once you get admission apply for COS with the help of university ISO. Otherwise you will be tensed because of OPT eligibility and approval delay.

Best of luck.

[Rakesh Soni]

H4 - F1 Change of status - OPT Eligibility

Hi Guys,
I have applied for Change Of Status today through paper based. I hope it will take around 6 to 9 months.
I have joined my master program in Spring 2015 and completed first semester and pursuing my 2nd semester Summer 2015 with one class. So now total 7 class will be left after that.
I presented my program of study for Fall 2015(3 classes) and Spring 2016(4 classes). So i will be pass out by May 2016.

Will I be eligible for OPT or not? If not then what will be the last or deadline date for me to must receive my COS approval for eligibility for OPT.

I m asking it because I will ask to ISO for extend my I20 for one more semester, 3 class for Fall 2015, 3 Class for Spring 2016 and Rest in next semester. I did mistake i should apply for COS before only. I would appreciate your help. I am in tension.

[a_a]

H4 to F1 HELP - SAME SITUATIONS LIKE YOURS - URGENT HELP

Wondering if you can help me our here. I know this is old thread but hopefully you will see and reply

My spouse is in the exactly same situation..H4 to F1 got delayed and received it in this Nov while i am graduating in mid Dec. Now college says i can't file for OPT because haven;t completed 9 months on F1. Neither i can take any additional course because i will be already completing 30 credits.

How did you handle this situation? Can you please suggest soon, if possible? I would sincerely appreciate your help!