F-1 visa COS

[nehs]

Hello immihelp,

This is a question about F-1 change of status. I wish to change my status from my current H visa to, F-1 visa. This is so that I can avail of practical training, post-graduation. So my question is there a fixed number of months that I need to be on F-1 status to avail this benefit? For some reason, if I cannot avail of post completion OPT then can I avail of pre-completion OPT?

Also, what happens to the tuition and fees when the COS is approved in the middle of the semester?I pay resident fee now.

[kabkaba]

You have to be a full time student for at least 1 academic year for applying for post or pre completion OPT. That 1 year need not be in F1 status. Discuss this with your school's DSO.

I would say start paying non-resident fees from the next available semester after change of status gets approved. Again ask your school's DSO.

[nehs]

You have to be a full time student for at least 1 academic year for applying for post or pre completion OPT. That 1 year need not be in F1 status. Discuss this with your school's DSO.

I would say start paying non-resident fees from the next available semester after change of status gets approved. Again ask your school's DSO.

Hello Kabkaba,

Thank You very much for replying to my post. The problem is the DSO in my school is always busy and sometimes getting an ppointment could take weeks. So this forum is definitely of big help to me to get answers quickly,a special thanks to you .

I thought if the COS gets approved in the middle of the semester,I would need to pay the difference in tuition/fees? Yes, I am aware that the next semester after the COS approval is paid in non-resident status. I definitely have to discuss this with my school soon. I have only 3 semesters(30 credits). So I will be graduating in Fall 2012, and if there are issues with OPT eligibility then I may have to post-pone graduation by delaying my thesis. That's the issue here.

[nehs]

So I called my school's international student office but no one in office answered the call. Then I called the registrar and found that a change of status from resident to non-resident/international will most likely not cause any change in my tuition liability.

[nehs]

I spoke to my DSO and she said that I will not be eligible for OPT with just one semestet on F-1.
So looks like it is better to post pone my graduation.

Has anyone been in such a situation?

[kabkaba]

You need to be a full-time student for 1 academic year before OPT. That full-time need not be in F1 status.

[nehs]

kabkaba,
Thanks for your reply.
Even I've read the same thing but my DSO denies this rule. I'm very stressed now . not sure what to do. She says my COS will get approved by Apil or may 2012 and then I will be on F-1 for only 1 semester(fall 2012)

should I talk/email her again?

[nehs]

Or may be I should just apply for the COS and then apply for OPT once I graduate. Hopefully he/she will not reject my OPT application then.

[kabkaba]

I would go ahead with COS right now and apply for OPT as you get ready to graduate. You will even have an option of H1B at that time, if the cap is open.
Then consult a good experienced attorney and possibly have them talk with your DSO assuring them that 1 year of full-time studies not necessarily in F1 status is sufficient. It is good that you have started this now, so that you have sufficient time to do all this.

[nehs]

I would go ahead with COS right now and apply for OPT as you get ready to graduate. You will even have an option of H1B at that time, if the cap is open.
Then consult a good experienced attorney and possibly have them talk with your DSO assuring them that 1 year of full-time studies not necessarily in F1 status is sufficient. It is good that you have started this now, so that you have sufficient time to do all this.

Thank You kabkaba!
Yes, that makes sense - actually I know another student who was on F-1 for just one semester and is currently working on OPT. she is the same university as me but a different location. So when I spoke to her, she said I should be able to apply for OPT when I graduate(she did the same).

Yes, I had initially planned to do all this in Jan since there are no classes. And then I was expecting to be on F-1 status by april or may 2012. Now the DSO told me these new things and messed it up. I was even thinking of dropping 2 classes so that I have enough classes to graduate late(if necesary).

Section 8 CFR 214.2(f)(10)


OR Should I try getting the I-20 right away and then travel to canada to get the stamp of F-1(this way I will be in F-1 from first day of spring semester). but this thing needs to be done really fast, as classes start in the last week of jan.

[kabkaba]

You can try applying for Visa in Canada, but remember that there is a risk there. You have to prove non-immigrant intent in any F1 Visa application and that leaves you at Visa officer's discretion. I have read of some people getting their F1 Visas in Vancouver, you can search for their experiences on forums. Having a good school/program and having property/family ties to home country helps in getting the Visa. You have to take this risk at some point of time anyway as whenever you leave the US after getting change of status to F1, you have to apply for Visa abroad and doing this while on OPT is more risky that doing it before graduation. Also, some people get their COS approvals in 2 months or less. Consider all these points in making a decision.

[nehs]

You can try applying for Visa in Canada, but remember that there is a risk there. You have to prove non-immigrant intent in any F1 Visa application and that leaves you at Visa officer's discretion. I have read of some people getting their F1 Visas in Vancouver, you can search for their experiences on forums. Having a good school/program and having property/family ties to home country helps in getting the Visa. You have to take this risk at some point of time anyway as whenever you leave the US after getting change of status to F1, you have to apply for Visa abroad and doing this while on OPT is more risky that doing it before graduation. Also, some people get their COS approvals in 2 months or less. Consider all these points in making a decision.

Yes, I am aware that there is a risk but , as you say, I might have to get the stamping some sometime anyway.
But if I want to go for stamping to my home country/canada, so I still have time? I thought I-20 dates may be a problem.
Thanks for ur advice. I will take all this into consideration.

[nehs]

Hello All,

I was wondering if we can contact USCIS about any clarifications that I need on my particular case(E.g, OPT)?

[nehs]

Hello All,

I am in a very stressful situation..My DSO says we need to be on F-1 for one year to be eligible for Post completion OPT. How can I convicne her that being a full-time student for one year and in F1 status while graduating is suffiecient? I really don't know what to do. I've been a full time student throughout.

Any suggestions ,please help.