Legal Question in Immigration Law in Virginia

Regarding F-1 visa

Hi, I graduated with a masters degree in December, 2003, and have been on an OPT which expired last week. I have a grace period till the 5th of April (my F1 visa will be valid till then). I plan to go back to school for a PhD and have been admitted to a university for a program beginning Fall 2005. My question is, do I need to receive a new I-20 before the 5th of April, to maintain a legal status? And after I get a new I-20, do I need to do anything for a transition? I would appreciate a quick response. Thank you


Asked on 2/13/05, 12:33 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Regarding F-1 visa

Current SEVIS(Student Exchange Visitors Information System)rules require that one obtain a new Sevis I-20 form when subtantially changing a course of study or place of study. Therefore you will need to obtain a new I-20 from the university where you plan to pursue your Ph.D

studies. You should contact the DSO(Designated School Official) for that institution to obtain the form and complete the school certification part before returning it. These steps should be taken before your 60 day grace period expires.

In order to remain in status, you must have an up to date I-94(Arrival/Departure record), a valid and up to date SEVIS I-20 form along with a valid passport. If your F-1 visa has an expired stamp, this is of no consequence as long as your other documents are all current and up to date and you are able to continue in status. The expired visa would only be a problem if you left the U.S. and wanted to return. In that event you would need to apply for a renewal of your F-1 visa at an American consulate facilty located in whatever foreign country you were in in order to legally reenter the United States.

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Answered on 2/14/05, 12:08 am


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