One of the frequent questions that I receive from international students is about how to extend their stays in the United States after the visa expiration date or F-1 visa grace period end date. If you wish to stay in the U.S. after graduation, you have to plan ahead as it can take several weeks to months to extend your stay.
In this article, the number of grace period days and three legal and lawful ways to extend the duration of stay in the United States will be provided. From this article, international students can learn when is the last date that they can stay in the U.S. and learn what is the best way to extend their stays given their own situation.
Contents
- My visa is expiring soon, what should I do?
- What is the F-1 visa grace period
- How to extend your stay in the United States
My visa is expiring soon, what should I do?
Before I jump right in, I would like to reiterate that F-1 visa holders can stay legally in the United States with expired visas. As I already explained many times in different posts, a visa works like a key. You need a key to open the door and enter the room. However, when you are in the room, you don’t necessarily need a key. If you go out, though, you would need a key to re-enter the room.
Related blog post: My visa /passport is expired, can I apply for OPT?
Visa works the same way- Students need visas to enter the U.S. but they don’t go out of status just because the visa is expired while staying in the U.S. However, students need a valid visa when they seek to re-enter the country. Then how students can know til when they can stay in the United States?
To answer this, we need to look at the visa page in the passport. When students cross the border, the D/S stamp will be given after the immigration. The D/S stamp, which stands for Duration of Status, allows students to stay in the United States so long as they maintain their nonimmigrant student status. To learn more about what to do to maintain your valid visa status, click the following related blog post.
Related blog post: International students, be aware not to go “out of status”
To put this simply, international students can stay in the United States until the Program End Date in your I-20, plus 60 days of the grace period. How about OPT/ STEM OPT students? More details about the grace period will be outlined in the next paragraph.
What is the F-1 visa grace period
In general, international students have 60 days grace period. This means the immigration regulations allow you to have 60 days to plan your return trip or take steps to extend your stay.
More specifically, immigration regulation 8 CFR 214.2(f)(5)(iv) says the following:
(iv) Preparation for departure. An F-1 student who has completed a course of study and any authorized practical training following completion of studies will be allowed an additional 60-day period to prepare for departure from the United States or to transfer in accordance with paragraph (f)(8) of this section. An F-1 student authorized by the DSO to withdraw from classes will be allowed a 15-day period for departure from the United States. However, an F-1 student who fails to maintain a full course of study without the approval of the DSO or otherwise fails to maintain status is not eligible for an additional period for departure.
8 CFR 214.2(f)(5)(iv)
OPT and STEM OPT students have 60 days grace period as well:
(D) Duration of status while on post-completion OPT. For a student with approved post-completion OPT, the duration of status is defined as the period beginning when the student’s application for OPT was properly filed and pending approval, including the authorized period of post-completion OPT, and ending 60 days after the OPT employment authorization expires (allowing the student to prepare for departure, change educational levels at the same school, or transfer in accordance with paragraph (f)(8) of this section.)
8 CFR 214.2(f)(10)(ii)(D)
To sum, below is the summary of the days that F-1 visa students can remain in the United States in different scenarios:
- An F-1 student who is not planning to apply for OPT: Program End Date in Form I-20 + 60 days grace period
- An F-1 student who applied for OPT/STEM OPT: OPT/ STEM OPT end date + 60 days grace period
- An F-1 student whose OPT is pending: students can remain while the OPT is pending.
- If you are approved, you can stay until: OPT end date + 60 days grace period
- If you are denied and your grace period is over: no additional grace period will be given (click the related blog post 1 below for more information).
- An OPT student who has applied for STEM OPT: If you filed on time, your OPT will be automatically extended for 180 days (click the related blog post 2 below to learn more).
- An OPT student who has applied for H-1B: If you filed on time, your OPT will be automatically extended until October 1 of the fiscal year (click the related blog post 3 below for details).
Related blog post 1: What happens if I apply for OPT late? 5 big disadvantages
Related blog post 2: My STEM OPT is in pending and my EAD end date is near
Related blog post 3: Cap gap opt that bridges OPT and H1B
How to extend your stay in the United States
One of the U.S. federal agency websites, Study in the States lays out three possible ways for international students to extend their stays before the grace period ends.
Transfer to another school and begin a new program of study
First, international students may transfer to a different institution and get a new Form I-20. For example, students who obtained Bachelor’s can seek admissions from different universities for graduate programs. Or students whose SEVIS record is going to be terminated due to academic disqualification etc. can transfer to other colleges to continue studying. To learn more about the transfer process for international students, click the following related blog post.
Related blog post: Transfer college within the U.S. for international students
It is important for OPT students to communicate closely with the current DSO when they plan to transfer as the OPT ends when the student’s SEVIS record is transferred.
Change your education level
Second, students can change their education levels. Changing education levels mean that students who have obtained bachelor pursue master’s and master’s degree holders pursue doctoral’s. This can be done in the same institution or students can get admissions from other universities.
Change your status to another visa status if eligible
Last but not least, F-1 visa students can change their nonimmigrant visa status to different visa status that includes, H-1B, T/U, or permanent residency.
Unlike H-1B applicants who can take advantage of the automatic extension of the duration of stays through cap-gap OPT, other visa category applicants should maintain their visa status valid throughout the extension process. This includes filing Form I-539, Application to Extend/Change Nonimmigrant Status. When you change your visa status, it is good practice to consult with the immigration attorney to keep your status valid throughout the process.
In summary, F-1 visa international students have 60 days grace period in general. During the grace period, students can prepare the depart the country, transfer to another school, change their education level, or change visa categories.
For all other information about the F-1 visa, click the F-1 visa info page. To learn more about OPT and STEM OPT, click the OPT and STEM OPT pages respectively.
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