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Frequently Asked Questions
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Visa, Study, and Status Issues Q: Can I study part-time while
I have an F or J visa? Are there any exceptions?
Q: Can I study part-time while I have an F or J visa? Are there any exceptions? A: No. Immigration rules and school policy preclude any part-time status for F-1 and J-1 students without prior written authorization from the Office of Graduate Programs. For F-1 students, there are only limited exceptions to the full-time requirement. If there is a documented medical emergency or compelling academic reason (such as a medical emergency), F-1 students may be granted permission to enroll in a reduced academic program In this case, F-1 students MUST HAVE prior, written permission. J-1 students should consult their visa sponsor if there is a need to study part-time. They will be able to advise you whether or not part-time study is permitted. Q: What is the difference between the Certificate of Eligibility and the Entry Visa? A: The Certificate of Eligibility is either the I-20 form or the DS-2019 form. It is issued by the school you attend (F-1) or your visa sponsor (J-1). This certificate defines the program of study you are allowed to pursue in the United States and gives the dates to start and end your studies. You use this Certificate of Eligibility to obtain an entry visa from the U.S. consulate or embassy in your home country, to enter the U.S. to begin and continue your studies, and for the employment authorized during and following your studies. The Student Entry Visa (F-1 or J-1) is issued by the U.S. Department of State and gives you permission to enter the U.S. in student status, provided you have a valid Certificate of Eligibility. Be sure to note when your entry visa expires and whether or not it permits "single" or "multiple" entries into the U.S. Q: What happens when my student entry visa expires? When do I have to renew it? A: You may remain in the U.S. on an expired F-1 or J-1 entry visa so long as you are maintaining the status written on your I-94 card, and the I-94 card notes the "expiration date" as "D/S" (Duration of Status). Please note that a student entry visa CANNOT be renewed within the U.S. If your student entry visa has expired and you travel outside the U.S. , you must renew your entry visa before you will be permitted to return to the U.S. in student status (see the automatic revalidation exception* noted below). Check the Department of State website to see the visa renewal policies of the U.S. Embassy in the country where you want to renew your entry visa. Remember that it is suggested that you renew your entry visa in your home country; third-country renewals are not always allowed, so be sure to check in advance of any travel. Renewal regulations can be especially strict for nationals of certain countries requiring security checks, and it may take longer than expected to renew your entry visa. Please plan carefully before you travel! Also, the Department of State does not have to issue a visa even if you are employed under Optional Practical Training and have always been in full compliance with immigration regulations; this is at the discretion of the consular officer. AUTOMATIC VISA REVALIDATION There is an automatic validation exception to the expired entry visa issue. Most students will be allowed an automatic validation of an expired entry visa if you travel for less than 30 days to Canada, Mexico, or the contiguous islands (except Cuba). The automatic validation does not renew your entry visa but permits you re-entry so that you can travel to these countries and re-enter the U.S. without renewing the entry visa. Students from Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, and countries deemed state sponsors of terroism are not eligible. Please note: Recent regulations prohibit those who have applied for a visa at one of the U.S. Consulates in Canada, Mexico or adjacent islands from returning to the U.S. while the application is pending (such as in the case of security checks) or if the visa application is denied. Those whose visa applications are denied must return to their home country and apply for a new visa there before returning to the U.S. Q: When does my student status end? A: Your status as a "student" ends on the date when
you complete the program or the "end date" listed on your
certificate of eligibility (I-20 or DS 2019 forms), whichever is earlier.
Q: What is "completion of studies" ? A: Completion of studies is the day that you finish the program listed on your I-20 or DS-2019 document. In most cases, this is the graduation day. (Thus most LLM students will complete their studies in late May.) The completion of studies is not necessarily the end date listed on your I-20 or DS-2019. (For example, if your I-20 says "The student is expected to . . . complete studies not later than 06/01/2007," but you graduate on 5/20/2007, then 5/20/2007 is the completion of studies date.) Q: If the professor gives me a paper extension in my final semester, will I automatically get an extension of my F-1 status? A: No. You must complete your degree by the completion date listed on your Certificate of Eligibility (I-20). The professor's extension does not give you the right to complete your program later. Occasionally the international student advisors will authorize an extension of their program completion date due to compelling academic or medical reasons (such as school closure or a hospital stay). Please see the international student advisor immediately if you think you may not be able to complete your program by the date listed on your Certificate of Eligibility (I-20). Q: When am I obliged to leave the U.S. ? F-1 students who do not seek USCIS (United States Citizenship & Immigration Services) authorization for employment authorization or a change of status must leave the United States no later than 60 days after completion of studies. J-1 students who do not seek Academic Training must leave the United States no later than 30 days after completion of studies. Q: What must I do to keep my "student" status after the completion date listed on my I-20 or DS-2019? A: You must act prior to your "completion of studies" date to request an extension of your student status. This includes but is not limited to:
F-1 students should contact an international student advisor. J-1 students should contact their sponsor. Q: I have an unexpired tourist visa in my passport. Can I remain in the U.S. on my tourist visa after my student visa expires? A: An unexpired tourist visa in your passport does not give you the right to remain in the U.S. in tourist status after your student status expires. You may change to another status only by filing an I-539 change of status application with the USCIS before completion of studies date (or the end of your Optional Pratical Training). You may also choose to depart the U.S. and return in the new status.
Travel Issues (During Studies) Q: What should I do if I travel
outside the U.S. ?
Q: What should I do if I travel outside the U.S. ? A: All students, before graduation and during authorized employment, must obtain a travel endorsement on your Certificate of Eligibility.
Always travel with your Certificate of Eligibility endorsed for travel. We also suggest carrying a copy of your Georgetown transcript (or if travel is between semesters, registration for the next semester) and financial documentation. You may not be asked for these items each time you enter the U.S., but you will want to have them in case any questions arise. Q: I have several entry visas in my passport. Is it important to use my student entry visa every time I enter? A: Yes, it is crucial that you enter as a student. You hold only the status and the rights and privileges of the status marked on your I-94 card. Although you may have several U.S. entry visas in your passport (e.g., tourist, diplomatic, and student), you hold only one status at a time. So, if you enter in a status other than your student status, the privileges gained from your student status are lost. If you have graduated and are on authorized employment but enter on another visa status, you will not be able to use the employment privilege associated with your studies at Georgetown, even if your Employment Authorization Document (EAD) has not expired.
Q: Can I work while I am in school
(as a full-time student)?
Q: Can I work while I am in school (as a full-time student)? A: School policy differs from immigration policy on this issue. While current immigration regulations permit on-campus employment for up to 20 hours per week, the Law Center urges students not to accept employment while a full-time student. You must receive prior, written authorization from the international student advisor prior to engaging in any on-campus employment, and this permission will generally not be granted to LL.M. students in the first semester. International students are restricted in off-campus employment privileges until they have spent at least one academic year (9 months) as a full-time student in the U.S. Q: Are there any differences between Optional Practical Training (OPT) and Academic Training?
Q: Do I need a job to request Optional Practical Training or Academic Training?
Q: When may I begin my employment?
Q: When should "continuing" students file for Optional Practical Training? A: "Continuing students" (students not graduating at the end of the semester) should file for Optional Practical Training 90-120 days prior to the start date of your employment. Q: When should graduating students file for Optional Practical Training or Academic Training? A: USCIS must have the Optional Practical Training requests for graduating F-1 students by the completion of studies date. To make certain that all paperwork is properly processed, we require graduating students to file their Optional Practical Training requests by May 1. However, students may want to file earlier because it may take the USCIS 90 days or more to process the application. Q: I reported my new address to Georgetown, but I still have not received any correspondence about my Optional Practical Training from the USCIS. Didn't Georgetown tell the USCIS about my new address? A: If you have notified Georgetown of an address change, we have updated this information in the SEVIS system. Unfortunately, the address that we report in SEVIS is not transferred to your Optional Practical Training (OPT) application. USCIS uses a different database to store address information, thus all materials regarding OPT will be sent to the address you listed on the I-765 form (Employment Authorization Application). It will not be forwarded in in U.S. mail. To receive OPT materials at your new address, you must notify USCIS directly of your new address. This process may be difficult, so the Law Center does not advise changing your address while an OPT application is pending. Q: I want to take the bar examination and then begin my employment on Sept. 1. May I request my Optional Practical Training to begin on Sept. 1? A: No, F-1 students must begin Optional Practical Training within 60 days of completion of studies, so Optional Practical Training must start in mid-July whether or not you are ready to start your job. Optional Practical Training is permission to work. Your Optional Practical Training permission can begin before you start work, but it must end within 14 months of completion of studies. J-1 students should consult their sponsor for rules relating to the bar exam and employment start date. Q: What are my responsibilities regarding taxes as an international student? A: All non-resident alien students (and scholars) who are temporarily in the United States under an F or J visa should file at least one kind of form with the United States Internal Revenue Service (IRS) by April 15 of the following year. (For example, if a student was in the U.S. for any part of 2003, he or she would need to file by April 15, 2004). To determine your tax responsibility and whether the IRS considers you a "non-resident" or a "resident" for tax purposes, refer to pages 4-8 of the IRS Publication 519, U.S. Tax Guide for Aliens which can be downloaded yearly by searching on http://www.irs.gov. In general, the following guidelines apply:
Q: Can I do an internship abroad before returning to the U.S. to complete my Optional Practical Training (OPT)? A: If you intend to pursue employment in the United States, internships
abroad prior to your U.S. employment are strongly discouraged. The
purpose of OPT is to gain professional experience in the U.S. legal
arena following your studies. Regulations provide that students may
travel during this period, but absences from the U.S. should be “temporary”
and you must return to the U.S. “to resume employment.”
The immigration inspector at the port of entry has the sole discretion
as to whether or not a student meets these conditions. Therefore,
any student choosing to pursue an internship abroad prior to returning
to employment in the United
Q: What if I just want to take the bar exam and then return home? A: Preparing for and taking a bar examination is not a requirement of your degree program. Since the bar exam occurs around 75 days after May graduates complete their studies, F-1 students planning to take the bar examination must file an application for extension of status, probably in the form of an application for post-completion optional practical training. J-1 students should consult their sponsor for guidance.
Q: If I am applying for work
permission, when may I travel outside the U.S. after graduation? What
Re-entry Rules Apply?
Q: If I am applying for work permission, when may I travel outside the U.S. after graduation? What Re-entry Rules Apply?
Remember that you were given an extension of your student status "for authorized employment" so that you could remain in the U.S. and gain practical experience immediately after your studies. If you interrupt your stay for any other purpose, then may be choosing to forego that privilege. Q: What if I want to remain the summer after graduation for travel and personal reasons, not employment, and then return home? A: If you would like to remain in the U.S. beyond your required departure, you must file an application for a change of status with USCIS. Discuss this situation with the international student advisor at least one month prior to your completion of studies date. *Note: Not all J-1 students will be able to change their status within the United States. Category changes (ie from student to scholar) may also be difficult. Please consult an advisor regarding your specific case or see the change of status information on the USCIS website. Q: What if I leave immediately after graduation and then want to return to travel or apply for work authorization? A: You will not be permitted to return in student status after the end date listed on your I-20 or DS-2019 form. Once you have completed the academic program listed on your Certificate of Eligibility and leave the U.S. without extending your student status, you lose the privilege of returing to the U.S. using that status and/or applying for work permission associated with your program of study. You will have to use another visa status to return to the U.S.
Cannot find the answer to your question or do not understand the answer to a question? Contact Indira Marin Dingledine in the Office of Graduate Programs by calling 202-662-9319 or e-mail img4@law.georgetown.edu. Revised November 16, 2006 (MJ) |
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