I-20 Certificate of Eligibility As far as I know he can happily go with the same visa for March intake. If VISA date surpasses 5 months, you need to re-apply for VISA to enter USA. 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? 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. An F1 visa allows you to stay in the U.S. for up to two months after you've completed your program. This is for those students who were in USA and went to outside USA. Log in … 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. You work on F1 status during these 36 months. U.S. law does not permit foreign students to attend public elementary school (kindergarten to 8th grade) or a publicly funded adult education program. Hence, F-1 visas cannot be issued for study at such schools. For that reason, the five-month temporary absence provision addressed in 8 C.F.R. 9 FAM 402.5-4 (U) Student and Exchange Visitor Program (SEVP). 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. 214.2(f)(4) will not apply for students who remain in Active status. 83% Upvoted. Exceptions to this rule exist for short trips to Canada, Mexico, and the Caribbean islands. My opt started last year in April 2009 but I am not physically present in USA since 1 June 2009. Dartmouth College Hello, I'm on OPT with my F1 visa. 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. 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. 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. 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. You may return to the US after an absence of no more than five months. What is the 5 month rule? 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. Posted on March 24, 2020 by OVIS. 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. 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. - Is the immigration office right that I need a new I-20 and pay the SEVIS fee again? 24 Month STEM OPT F1 visa extension. 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. You have not indicated the reason why you want to enter US now after four months of the the start your course? A new Initial student must have a program start date within 30 days of arrival in the United States. 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. 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. 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. Posted July 5, 2017 I am a Student from Mumbai, India and I have a valid F-1 Visa. There is something called 5 month rule - If the student is outside of USA for 5 consecutive months, F1 visa becomes invalid. (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. Note: You may be required to have an entry visa for the contiguous territory. Students should consult their Designated School Official (DSO) prior to travelling. 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. F1 Student Visa - to Study in the USA Do You want to obtain an F1 visa to study in the USA ? In total, you can only work up to 36 months. F1 Visa Stamp Valid for two years. ", 63 South Main Street, Suite 303 COVID-19. 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? 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. 1 comment. 9 FAM 402.5-4(A) (U) Background on SEVP (CT:VISA-354; 04-26-2017) a. 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. 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. Yes. This rule is for students who have entered USA on F1 Visa and traveled out side USA, haven't returned within 5 months. Following are the student responses to above questions. 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. Yes. 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. 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!) 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. 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. share. 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. Can I transfer to a different school? 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