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Chaffey College International Student Office Immigration Information Maintaining F-1 Status In order to maintain legal status as an F-1 student, you must:
Passport It is very important that you maintain proper status while you are visiting the United States. You are responsible for the maintenance of your passport and should make sure that your passport is valid at all times. To extend your passport, you will need to contact your home country embassy or consulate for the procedures that you must follow. Be sure to contact your embassy at least 6 months prior to the expiration date of the passport so that you will have time to process the extension. If you have questions concerning this procedure, you may inquire at the International Student Office. I-94 Departure/Arrival Card; Form I-20 (Student copy) When you arrived in the United States, an Immigration and Naturalization Service (INS) Officer gave you these two important documents, which you should keep in your passport. They are your proof of your F-1 status, and you will need them for such purposes as extending your permission to stay in the United States and reentry to this country after temporary trips abroad during the period of validity of Form I-20. You should keep all former copies of Form I-20 permanently. It is also advisable, after your arrival, to photocopy the identification pages of your passport, your visa stamp, I-94 Departure/Arrival card, and your Form I-20 and keep them separately from the originals, for use in applying for replacements if the originals should be lost or stolen. The International Student Office requires that all F-1students check in at the office in order that copies of the above-mentioned documents are maintained on file. CAUTION: Extension of your permission to stay in the United States is your responsibility. If you forget the deadline and apply late, you risk denial. If you are employed and overlook the date, you will be working illegally. Since such mistakes can have serious consequences, you should make certain that you apply in advance (at least one month) if you need to extend your stay. ALSO, you are responsible for making sure that your passport is valid at all times. CHANGE OF STATUS: B-2 to F-1 To be eligible for a change of status to F-1 student, an individual must have maintained his/her current lawful nonimmigrant status up to the time the application is filed. Individuals who have B-2 (visitor for pleasure) status and who apply for change of status to F-1 student status are considered according to the following:
Important: An applicant who intended to be a student but applied for a B-2 visa in the belief that he/she would encounter difficulty obtaining an F-1 visa from a U.S. consular officer will be denied a change of status to F-1. It is important to be aware that change of status requests from B-2 to F-1 are generally not approved unless the B-2 visa is marked "Prospective Student." The INS is looking for clear evidence of a change of intent. CHANGE OF STATUS APPLICATION PROCEDURES: Submit the following items to the California Service Center
The INS will examine all items related to your financial ability to pursue the intended course of study, including the cost estimate and the amount and source of funding available to you. If the INS is not satisfied that you have the required financial resources, your application for change of nonimmigrant status may be denied. Currently, the INS takes close to 5 months to process an application for change of status. During the adjudication process. A change of status approved by the INS is only valid as long as the person remains in the U.S. and maintains status. As soon as the person leaves the U.S., he/she will need to visit a U.S. embassy or consulate in order to obtain an F-1 visa before returning. Off-Campus Employment Off-Campus Work Permission Based on Severe Economic Hardship If you are experiencing severe economic hardship based on an unforeseen change in your financial circumstances, you may submit an application to the Immigration & Naturalization Service (INS) for permission to work off campus. You will be required to document to the INS the change in your financial situation and your economic need. Examples of changes in financial circumstances are tuition increase of 30 percent or more, loss of a sponsor, etc. Permission to work off-campus based on severe economic hardship allows you to work in any type of job. Limits Students authorized for off-campus employment by the INS may not work more than 20 hours per week while school is in session. During vacations and breaks, students may work 40 hours per week. Remember, the 20/40 hour limit is the total of all the jobs you have, so if you have a campus job for 10 hours per week, you may only work off campus for 10 hours while school is in session. Eligibility Requirements You are eligible to apply for off-campus work permission based on severe economic hardship if you meet the following condition:
Immigration & Naturalization Service Procedure If your application is approved by the INS, you will be issued with an Employment Authorization Document (EAD). You cannot begin employment until you have been issued the EAD. If your application is denied, there is no special appeal process and you are not eligible for a refund of the application fee. Income and Taxes The ISO urges each of you to consult the U.S. Internal Revenue Service (IRS) or a qualified tax consultant regarding your U.S. taxes. We especially urge you to contact a competent tax consultant before responding to the IRS if you receive an IRS letter declaring that you have a tax liability. The IRS publishes information booklets, which are available through the IRS public service system. Curricular Practical Training What is CPT? CPT is employment that is required for your major or is for internship course credit. Examples: internships, cooperative education, and practica. Am I eligible for CPT? Students must have maintained F-1 status for nine consecutive months or one academic year. What’s the difference between full & part time CPT? Part-time CPT is 20 hours a week or less. If done during school year, you must maintain full time status. It has no effect on OPT. Full-time CPT is more than 20 hours a week. (25 hrs a week is full time). If you do more than 12 months of full-time CPT, you lose your OPT option. When can I start work? Before starting work in a CPT position, a student must have authorization from the International Student Office. After you receive endorsement, you may begin CPT on the start date indicated. How can I renew my CPT? You cannot start CPT until date authorized by the counselor (DSO). You also cannot work past the date authorized by your counselor unless you apply for and are granted an extension of your permission to work. * If you enroll for additional internship credit, you must renew CPT with the International Student Office. Application Check-list: The following documents must be given to the International Student Office for CPT authorization. A letter from the Internship Advisor and/or Dept. Director stating the following:
Letter from employer stating:
If CPT is required for your major, submit a copy of the page in the College catalog indicating that employment is required of all students in this major to complete the program. Original I-20 (School will provide) Form I-538. "Certification by Designated School Official" Optional Technical Training What is OPT? OPT provides international students with work experience in their major field of study for a maximum of 12 months. It can be done:
Am I eligible for OPT? Students must have maintained F-1 status for nine consecutive months. What kind of job should I get? OPT must be directly related to student’s major field of study and be appropriate to student’s educational level. When can I start work? Before starting work in an OPT position, a student must have an Employment Authorization Document (EAD card) from the INS. You cannot start work without it. When should I apply for OPT? Apply early (it takes up to 90 days to process an application) 120 days before graduation is the earliest date to apply and 60 days after graduation is the latest date to apply. How will I know when INS receives my application? When INS receives your application you will be sent an I-797 receipt that shows a "receipt number" in the upper left hand corner of the form and states the expected processing time for your application. Keep this receipt!! If your request is approved, you will be issued an EAD card that will be good for a specified period of OPT. Can I travel out of the country while I’m waiting? You should not leave the U.S. while you are waiting for the INS to grant you an EAD card. Important: Once authorization for a specific period of OPT has been granted, it cannot be revoked. Application Check-list: The processing fee for OPT is $120.00 check or money order made payable to Immigration and Naturalization Service. Photographs: You will need two un-retouched photos of yourself taken within 30 days of the application no larger than 1.5 x 1.5 inches. Your head should only be about 1.25 inches in the picture. The background should be white on thin, glossy paper showing a three-quarter profile of the right side of your face with the right ear visible. Print your name and I-94 card number lightly on the back of each photo in pencil. Place the photos in a small envelope marked "photos" and attach them to the rest of your application. Photocopy of your passport and visa page. I-20. Issued by institution and signed by DSO and student Letter from prospective employer . Your most recent I-94 departure card. (copy) Form I-538 Form I-765. Application for Employment Authorization. Complete this entire form including certification signature. Buy student health insurance (mandatory) for the duration of the practical training. Helpful Links Department of State and Embassy/Consulate Links http://www.embpage.org http://www.state.gov http://travel.state.gov/links.html http://www.embassy.org/ |
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