Residency status after 5 years on F1 visa. save hide report. 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. Posted July 5, 2017 I am a Student from Mumbai, India and I have a valid F-1 Visa. 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. This a one of the frequently asked question after F1 Visa interview when the visa validity is less than five years. 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. You have not indicated the reason why you want to enter US now after four months of the the start your course? Can I transfer to a different school? Yes. 24 Month STEM OPT F1 visa extension. 9 FAM 402.5-4(A) (U) Background on SEVP (CT:VISA-354; 04-26-2017) a. 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. 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. This is for those students who were in USA and went to outside USA. Hence, F-1 visas cannot be issued for study at such schools. 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. 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. 214.2(f)(4) will not apply for students who remain in Active status. 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… A new Initial student must have a program start date within 30 days of arrival in the United States. 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. 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. 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. With 5 months from the date when your F1 Visa was issued, you can visit US on the same VISA. Posted on March 24, 2020 by OVIS. What is the 5 month rule? You may return to the US after an absence of no more than five months. - if you do read below about the process, FAQ's and requirements to get an F1 visa. You work on F1 status during these 36 months. I-20 Certificate of Eligibility 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. 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? 83% Upvoted. Official website of the Department of Homeland Security. Following are the student responses to above questions. Foreign nationals may not study after entering on a visitor (B) visa or through the Visa Waiver Program (VWP), except to … 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 . F1 Student Visa - to Study in the USA Do You want to obtain an F1 visa to study in the USA ? 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. U.S. law does not permit foreign students to attend public elementary school (kindergarten to 8th grade) or a publicly funded adult education program. 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. 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 ? What happens to the F1 Visa 5 month rule for international kids? Notify your DVS advisor if you must depart the U.S. to study abroad, medical … Posted by 1 month ago. For that reason, the five-month temporary absence provision addressed in 8 C.F.R. 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. 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. She/he can return on same visa with 5 months of time. Log in … [ 1 Answers ] Hi , I came to USA on 27th July 2004 and have been on F1 visa since then. My opt started last year in April 2009 but I am not physically present in USA since 1 June 2009. F1-OPT. Students should consult their Designated School Official (DSO) prior to travelling. If you are accepted into the OPT program, you receive permission to stay in the United States for an additional 12 months or more. 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. As far as I know he can happily go with the same visa for March intake. This rule applies to the following students: Yes. The health, safety, and well-being of our international students, staff & faculty, and broader UW community are our priority. For more information, visit our “Travel and Visas” section. 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. This rule is for students who have entered USA on F1 Visa and traveled out side USA, haven't returned within 5 months. Preparing for the eventual possibility that this happens at my school, and hey, Harvard kids are smart right ? 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. ", 63 South Main Street, Suite 303 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. (I hope not!) You must have a new F1 visa if your original one has expired. Exceptions to this rule exist for short trips to Canada, Mexico, and the Caribbean islands. 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. 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. 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. 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