1 comment. While the temporary measures related to COVID-19 are in place, students deemed to be maintaining status if they are making normal progress in their course of study. F1-OPT. As far as I know he can happily go with the same visa for March intake. In a general setting, the five-month rule prevents international students from spending more than five months outside of the United States during an absence from school, excluding those participating in authorized study abroad programs, according to the DHS. Six-Month Passport Validity Rule for Entering the U.S. on a Non-Immigrant Visa Visitors traveling to the United States are required to be in possession of passports that are valid for six months beyond the period of their intended stay in the United States. Hanover, NH 03755, Visa.and.Immigration.Services@Dartmouth.edu, Graduate and Professional School Students, International Scholars, Faculty and Staff, Copyright © 2021 Trustees of Dartmouth College. Notify your DVS advisor if you must depart the U.S. to study abroad, medical … Even, if you have 5 years F1 visa stamping, it does not let you work in US in any job in US. Students cannot travel on the Visa Waiver Program or with Visitor Visas A student visa (F or M) is required to study in the United States. ", 63 South Main Street, Suite 303 Your F1 visa stamp on the passport does not matter, it is the status you maintain in America that matters you to stay in America. If you have any questions about travel and the F-1 Five-Month Temporary Absence Rule, please do not hesitate to contact your ISO Advisor . For instance, if you take Masters Degree where it would take two years to graduate, then followed by 36 months of OPT and STEM OPT Extension, your timeline would look like this: M.S. An F1 visa allows you to stay in the U.S. for up to two months after you've completed your program. I-20 Certificate of Eligibility Yes. An F-1 visa can be issued for attendance at a public secondary school (grades 9 to 12), but the student is limited to a maximum of 12 months at the school. Preparing for the eventual possibility that this happens at my school, and hey, Harvard kids are smart right ? 9 FAM 402.5-4 (U) Student and Exchange Visitor Program (SEVP). 83% Upvoted. If you have F1 visa approved, you can join the university on F1 Visa within 5 months period if it is the same semester and you don't have any changes to SEVIS. Can I transfer to a different school? - Is the immigration office right that I need a new I-20 and pay the SEVIS fee again? Or, are you already a student on F1 visa status who wants to find a job to obtain a work visa, to stay in the USA ? Right now, we must just wait to first see if the 17 month rule ... students could work for 2 year and 5 months. 24 Month STEM OPT F1 visa extension. For more information, visit our “Travel and Visas” section. With 5 months from the date when your F1 Visa was issued, you can visit US on the same VISA. You have not indicated the reason why you want to enter US now after four months of the the start your course? F1 Student Visa - to Study in the USA Do You want to obtain an F1 visa to study in the USA ? Have your designated school official sign your I-20 before leaving the US. What happens to the F1 Visa 5 month rule for international kids? In an FAQ issued on March 23, 2020 the Student & Exchange Visitor Program confirmed that the 5-month rule requiring schools to terminate an F-1 record for a student who is outside the U.S. for more than 5 months should not be applied while COVID-19 measures are in place. Yes. I flew to USA in January '17 for Spring which was when I realised that I can complete my Mater's Program in one year instead of the two-year program if I register for Fall. For that reason, the five-month temporary absence provision addressed in 8 C.F.R. Four months delay in entering US may have resulted in you missing the start of your course for which F1 visa was issued. The health, safety, and well-being of our international students, staff & faculty, and broader UW community are our priority. Once an F-1 student is working in a post completion OPT, the STEM OPT extension allows students with certain science, technology, engineering, or math (STEM) degrees to apply for a 24 month F1 visa extension to their OPT authorization bringing the total maximum F-1 OPT visa status period to 36 months. What is the 5 month rule? If VISA date surpasses 5 months, you need to re-apply for VISA to enter USA. In an FAQ issued on March 23, 2020 the Student & Exchange Visitor Program confirmed that the 5-month rule requiring schools to terminate an F-1 record for a student who is outside the U.S. for more than 5 months should not be applied while COVID-19 measures are in place. In its FAQ, SEVP stated that "Under current conditions, if an active F student leaves the United States to complete the spring term online, their SEVIS record should remain in Active status and not be terminated. Re-entry for F-1 Non-immigrants Travelling Outside the United States for Five Months or Fewer This section of the FAQ applies to continuing F-1 students who travel outside the United States for five months or less. This a one of the frequently asked question after F1 Visa interview when the visa validity is less than five years. The school must also indicate on the Form I-20 that the student has paid the unsubsidized cost of the education and the amount submitted by the st… This rule applies to the following students: Posted on March 24, 2020 by OVIS. COVID-19. She/he can return on same visa with 5 months of time. The five month rule refers to the termination of a student’s record in the Student and Exchange Visitor Information System (SEVIS) based on the student being, If your student record is terminated, you fall under the five-month rule and you wish to return to the United States as a student, you will need to obtain a new/initial, For more information on student visas, visit the, Applying for a Visa to Travel to the United States, Training Opportunities in the United States, Students who have had their student record terminated (i.e., been out of status) for more than five months; and, Annual SEVIS by the Numbers Report Update, Students: Watch Out for Scammers Using SEVP Phone Numbers, Form I-20, "Certificate of Eligibility for Nonimmigrant Student Status,", Students who have spent more than five months outside of the United States during an absence from school, excluding those participating in authorized. Posted by 1 month ago. In total, you can only work up to 36 months. There is something called 5 month rule - If the student is outside of USA for 5 consecutive months, F1 visa becomes invalid. Exceptions to this rule exist for short trips to Canada, Mexico, and the Caribbean islands. Hello, I'm on OPT with my F1 visa. Residency status after 5 years on F1 visa. share. The primary implications of a break in status, other than requiring new visa documentation to return to the U.S., is on a student’s eligibility for off-campus employment authorization. The 5-month Temporary Absence Rule only applies if you are outside the U.S. for a continuous period of at least 5 months at one time. An F1 visa prohibits you from remaining in the U.S. with the intention of abandoning your home country, though. As the year comes to a close, revisit resources that will be helpful as one semester ends, and another begins in January. Additionally, the rule changes affect the spouses of E2-7 visa holders. A new Initial student must have a program start date within 30 days of arrival in the United States. Following are the student responses to above questions. 9 FAM 402.5-4(A) (U) Background on SEVP (CT:VISA-354; 04-26-2017) a. Log in … F-1 5-Month Absence Absences from the U.S. for 5 months or more will cancel your F-1 status unless Duke Visa Services (DVS) has approved the student’s Study Abroad program. Students should consult their Designated School Official (DSO) prior to travelling. The five month rule refers to the termination of a student’s record in the Student and Exchange Visitor Information System (SEVIS) based on the student being away from classes or not in status for five months. Foreign nationals may not study after entering on a visitor (B) visa or through the Visa Waiver Program (VWP), except to … The U.S. Department of State’s policy is that a student does not need to apply for a new F-1 visa if the student’s current visa is still valid, regardless of length of time outside the United States. Can I consider that I have finished 5 years on F1 visa … Posted July 5, 2017 I am a Student from Mumbai, India and I have a valid F-1 Visa. This rule was implemented in March 2020 because universities across the nation suddenly had to close campuses and shift to online courses when the COVID-19 pandemic hit the United States. You work on F1 status during these 36 months. Hence, F-1 visas cannot be issued for study at such schools. save hide report. F1 Confusion: Completing I-20 Course, 60 day grace, 5 month rule Sign in ... Also, they don't know about the 5 month rule ... - Do I need to apply for a new visa? This rule is for students who have entered USA on F1 Visa and traveled out side USA, haven't returned within 5 months. Official website of the Department of Homeland Security. My opt started last year in April 2009 but I am not physically present in USA since 1 June 2009. Five-month rule An F-1 student who remains outside the US for five or more consecutive months, even with a valid travel ... any US visa stamps; therefore, you should carry both the expired and the new passport. If your visa expires while you are in the U.S., the next time you travel abroad you must obtain a new F-1 visa before returning to the U.S. You must have a new F1 visa if your original one has expired. F1 Visa Stamp Valid for two years. Dartmouth College I read about the five months rule, but it's not clear to me if I can leave the US many times as long as each individual stay outside is less than five months. 214.2(f)(4) will not apply for students who remain in Active status. The F-1 5-Month Temporary Absence Rule has been in regulation for decades, and indicates that absence from the U.S. for more that 5 months constitutes a break in F-1 student visa status. U.S. law does not permit foreign students to attend public elementary school (kindergarten to 8th grade) or a publicly funded adult education program. This is for those students who were in USA and went to outside USA. The student must start attending classes within five months of the last day he or she attended classes or the next available session, whichever comes sooner. This rule says that if you are out of the country for longer than five months, with a few limited exceptions, you will need a new I-20 when you attempt to re-enter the U.S. On 'reestablishment' the official line seems to be that you can travel on the same F1 visa, if it is valid, but will be considered a 'new student' for SEVIS purposes. (I hope not!) International Student Services is deeply concerned about the current coronavirus outbreak and sincerely hope that you, your families, and your friends have not been directly impacted. Note: You may be required to have an entry visa for the contiguous territory. You may return to the US after an absence of no more than five months. (U) In response to a requirement in the Illegal Immigration Reform and Immigrant Responsibility Act, in 1997, the Department of Homeland Security (DHS) initiated a pilot program to monitor the academic progress, movement, etc. [ 1 Answers ] Hi , I came to USA on 27th July 2004 and have been on F1 visa since then. This will not only necessitate a new SEVIS fee and a completely new SEVIS record, but it may also have implications for OPT and CPT requests. Here are 5 of the most common visa options international PhD students must know to help get an early advantage while focusing on your career transition… 1. If the period of violation is less than 5 months one can either apply for reinstatement from within the US or reestablish F1 status if returning from outside the US with a new I-20 and SEVIS record. The Student and Exchange Visitor Program (SEVP) is in the process of ending the temporary rule that allows schools to have F-1 and M-1 students take courses exclusively online. - if you do read below about the process, FAQ's and requirements to get an F1 visa. If you are accepted into the OPT program, you receive permission to stay in the United States for an additional 12 months or more. If you came to the U.S. as a graduate student, you must have started out on an F1 visa, also known as a student visa. Do read f1 visa 5 month rule about the process, FAQ 's and requirements to get an F1 visa invalid. Months, F1 visa allows you to stay in the U.S. with intention. Possibility that this happens at my school, and another begins in.! 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