US student visa: All your questions on visa, courses and options post graduation, answered

Can an individual with a visitor visa change their status to student while in the U.S. if they are accepted into a school and receive a Form I-20?
Generally, individuals can apply to change their nonimmigrant visa status (category) if they were lawfully admitted to the United States with a nonimmigrant visa, and if their nonimmigrant status is still valid, provided they have not violated the conditions of their status, and if they have not engaged in any actions that would render them ineligible. However, a student cannot begin studying until the change of status application has been approved and that could take several months.

How long can I remain in the United States on my student visa after I complete my studies?
If you have completed your academic program and have not applied for another academic program, or post-graduation training, you can remain in the United States up to 60 days after your studies have ended. During this time, you may travel around the United States, but you may not re-enter on your student visa once you have departed the U.S., even if it is within 60 days of completing your academic program


Can I travel outside the U.S. while on a student visa?
Yes, you can travel outside the U.S. while on a student visa. However, to re-enter, you must have a valid passport, a valid student visa, and a valid and recent signature on your Form I-20 from your Designated School Official (DSO) authorizing travel outside the U.S.

Are there any restrictions on the types of courses I can take on a student visa?
Generally, there are no specific restrictions on the type of courses you can pursue on a student visa. You are expected to enroll in courses that qualify you to graduate from the course that you had been admitted for. Within that framework you can enroll in a wide range of programs or courses offered by the institute where you are admitted. However, it is important to ensure that the courses you choose are consistent with your visa status and comply with any limitations or requirements set by the U.S. immigration authorities. It is advisable to consult with your DSO to ensure that your chosen program aligns with the guidelines of your student visa. Also, before changing your course of study it is important that you contact the DSO.

Can I change my visa status from a student visa to a work visa after graduation?
Yes, it is possible to change your visa status from a student visa to a work visa after graduation. Common options for students on an F-1 visa to gain practical training or change the status to work visa are:

1. Optional Practical Training (OPT) program, which allows graduates to work in their field of study in the U.S. for a specified period of time.
2. H-1B Visa: The H-1B visa is for skilled workers in specialized occupations and requires sponsorship from a U.S. employer.

What is OPT and what is the eligibility duration?
Optional Practical Training (OPT) provides an opportunity for F-1 students to gain practical work experience directly related to their major field of study. There are two types of OPT:

• Pre-completion OPT: Students can engage in part-time or full-time OPT while they are still completing their studies.
• Post-completion OPT: Students can engage in full-time OPT after completing their studies.

Generally, students are eligible for up to 12 months of OPT. However, certain STEM (Science, Technology, Engineering, and Mathematics) degree holders, employed with qualified employers may be eligible for an additional 24 months of OPT extension, making a total of 36 months.

How to apply for OPT?
It is best to contact your DSO for specific requirements. But generally speaking, to apply for OPT, you need to follow these steps:

1. Request an OPT recommendation from your DSO.
2. Prepare and submit Form I-765, Application for Employment Authorization, to the U.S. Citizenship and Immigration Services (USCIS).
3. Pay the required filing fee and provide supporting documents as per the USCIS instructions.
4. Wait for your Employment Authorization Document (EAD) to be approved and received before beginning employment.

While on OPT, you can work for any employer in the U.S., including for voluntary work or freelance work, provided the employment is directly related to your field of study and authorized by the USCIS.

Can I extend my student visa if my program takes longer than expected?
The student visa can be used for travel to the U.S. within its validity period. You can use it for multiple trips provided you can prove you are a bonafide student and are admitted to a qualified program at a qualified institution. The time you can spend pursuing your education in the U.S. does not end when your visa expires so long as you entered the U.S. when the visa was valid and continue to maintain full time student status under the immigration laws. Your entry into the U.S. will be marked D/S short for duration of status provided you maintain your status as a full-time student. If your program takes longer than expected, you need to consult your DSO to make sure you are complying with the legal and institution's requirements.

Can I transfer to a different school or program while on a student visa?
Yes, you can transfer to a different Student and Exchange Visitor Program (SEVP)-approved school or program while on a student visa. You need to notify your current school's DSO, obtain a new Form I-20 from the new school, and follow the proper transfer procedures to maintain your status.

Poorvi Chothani is the founder and managing partner of LawQuest