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Posted
Dec 12, 2005 | updated Nov 12, 2007
The following
questions and answers are based on those frequently posed to the attorneys
at the Murthy Law Firm. As a courtesy to our clients and
the immigrant community, we generously share this useful information.
Question 1.
What do I need in order to apply for an F-1 visa at a consulate?
Top
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To apply for an
initial F-1 visa, a student needs to provide the consulate with a properly
completed SEVIS Form I-20, which is issued by the school. In addition, s/he
needs to show proof of having paid the SEVIS fee (Form I-901); evidence of
financial ability to meet the required expenses as indicated on Form I-20;
evidence of English ability sufficient for the intended course of study;
evidence of intent to depart the U.S. after completion of studies; passport
valid for at least six months after the date of the visa interview; Form
DS-156 Nonimmigrant Visa Application; Form DS-157 (if applicable); Form
DS-158; photographs (one should check with the U.S. consulate having
jurisdiction over his/her place of residence on important guidelines and
specifications for the required photographs); proof of payment of Machine
Readable Visa (MRV) fee; and visa reciprocity fee (if applicable).
Applicants should also be prepared to provide proof of transcripts from
previous institutions attended; scores from standardized tests required by
the educational institutions such as TOEFL, SAT, GRE, GMAT, etc.
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One of the most
important requirements for an F-1 visa is proof of nonimmigrant intent.
Therefore, it is extremely important to document strong ties to one's home
country and intent to return once the degree is completed. The appropriate
documentation will vary from consulate to consulate, but the following are
all helpful: proof of job offer upon one's return or plans to join a family
business, family and community ties, and an explanation of how the
particular skills / knowledge gained in the U.S. are needed or marketable in
the home country. Review the most recent information about F-1s on the
appropriate U.S. consulate's website.
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Question 2. What is the SEVIS Form I-20?
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The Student and
Exchange Visitor Information System (SEVIS) Form I-20 is an official DHS
document that contains information about the school, the degree one intends
to pursue, the timeframe in which the degree will be attained, and one's
financial obligations. It also includes a bar code used to access the
student's information within the SEVIS electronic database.
©MurthyDotCom
It is important to understand that the I-20 is only a "certificate of
eligibility" for F-1 status. Form I-20 alone is not an indication of student
status. After an I-20 is issued, the student must either apply for an F-1
visa at a U.S. consulate or embassy outside of the U.S. (with the exception
of Canadian citizens or nationals who are exempt from the visa requirement)
or use it to change status from one nonimmigrant status to F-1 from within
the U.S. by applying to the USCIS.
Question 3. How do I change my
status from tourist (B-2) to student (F-1)? Top
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An individual who has
not decided 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 F-1. However, an individual who enters the United States on a B-2 visa may not enroll
and begin classes until after the change of status has been approved.
©MurthyDotCom
If one is already in
the U.S. and has a tourist (B-2) or business (B-1) visa, it may be possible to change the
status to F-1 by applying to the USCIS for a change of
status. As long as one is in the United States, 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. Talk to an
experienced immigration attorney before applying for a
change, because there are some
important legal issues one should consider.
Question 4.
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
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It is possible to
apply to change status from tourist to student. Whether it would be approved
or not depends upon several factors, including how long one was in the U.S.
before applying for the change of status, what was said to 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 that is
sometimes raised by the 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-2 visa may not enroll and begin classes unless and until the
application for change of status has been approved.
©MurthyDotCom
Please note that,
if one travels abroad after the change-of-status application is approved, it
would be necessary to obtain the F-1 visa at a U.S. consulate. It can be
difficult to get the visa after having changed status, since the consular
officer would question why one did not obtain the F-1 visa originally,
instead of entering the U.S. as a B-2 visitor.
Question 5.
Can I work as
a student? What is on-campus employment?
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An F-1 student
visa classification means that 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.
©MurthyDotCom
On-campus work opportunities depend on the type of school. Typically, these
opportunities include working at a school cafeteria, dining hall, or snack
bar, at the campus bookstore, library, computer lab, campus newspaper, or
administrative office. Graduate-level students may be able to work as
teaching assistants or research assistants. On-campus employment must not
exceed 20 hours per week.
©MurthyDotCom
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. Generally, no specific
employment authorization is required, although it is recommended that the
F-1 student notify the DSO in the event that the school has an internal
procedure for monitoring on-campus employment of international students.
Question 6.
How do I
maintain my legal student status ?
Top
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A valid SEVIS
I-20 certificate of eligibility and maintenance of a full-time course load
are required for one's legal status. An F-1 student must make normal
progress towards completing the course of study, by completing studies
before the expiration of the program completion date on Form I-20. In the
event that this is not possible, one should contact the Designated School
Official (DSO). There are some limited exceptions to the full-time
requirement and the advisor can authorize a lighter course load in
appropriate situations, such as in the case of an illness. It is necessary
to obtain such authorization in order to maintain status. Additionally, 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 that s/he cannot
graduate in the time indicated on the I-20 certificate of eligibility. An
international student is required to notify the DSO of a change of address
within ten days, and should also notify the DSO if s/he intends to withdraw
from school or transfer to a different school.
Question 7.
I have been working in
H1B status and I am planning to attend college full time by changing my
status 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
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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 apply for the F-1 visa from outside of
the U.S. to reenter. It is necessary for the college first to issue a SEVIS
Form I-20. It generally is more difficult for an applicant to obtain a visa
when applying for it in a country that is not his/her home country. Consular
officers in other countries may be unable to properly assess and/or evaluate
the foreign documents presented by a visa applicant visiting in the third
country. In such cases, the consular officers may deny the visa application
and recommend that the applicant return to his or her home country. Should
this occur, one would be unable to reenter the U.S. without a valid visa
stamp (that has not been revoked) and would have to travel directly from the
third country to the home country for visa processing. An F-1 applicant,
like one applying for a tourist visa, is required to show strong ties to his
or her home country.
Question 8.
After being in H1B
status for the full six years, can I go back to school as an F-1? Do I have
to leave the U.S. to do that?
Top
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Depending
upon the circumstances, it may be possible for one to change status from H1B
to F-1. Please note that a person who changes status after six years in H1B
would not be eligible for an additional six years in H1B status until s/he
has spent a year outside the U.S. Simply being in F-1 status for a year or
more is not sufficient to permit additional years in H1B status. 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 (i.e.
nonimmigrant) intent. One who has already been in the U.S. for six years in
H1B status may have difficulty showing the required temporary intent.
Question 9. I am working
in H1B status and want to change my status to F-1. If the F-1 is
denied, can I still use the H1B?
Top
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Please
note that it is possible to file for a change of status from H1B to F-1
within the U.S. The visa is the travel document that is requested at the
consulate abroad. Status changes can potentially be obtained from within the
U.S. It is generally not be as difficult to obtain a change of status from
H1B to F-1 from the USCIS (within the U.S.). 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 consulates tend to be more strict regarding the F-1
requirement of showing of temporary intent to remain in the U.S.
©MurthyDotCom
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 under the terms of the approved H1B. If an F-1 visa is denied at a
U.S. consulate abroad and one has not violated the terms of his or her H1B
status, it may be possible to reenter the U.S. in H1B status with an H1B
visa to resume employment. For this, the H1B job must still exist, the
approved petition must remain valid, and the visa stamp must not have been
cancelled.
Question 10.
I
am working in H1B status and would like to pursue further study. Do I need
an F-1 or can I study while in H1B status?
Top
©MurthyDotCom
A
person in H1B status can pursue studies. However, the H1B holder's primary
purpose for being in the U.S. must continue to be the H1B employment. An H1B
must continue maintaining H1B status by working with the employer and cannot
obtain any scholarships. 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. Please
note that an F-1 would require full-time study.
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