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STUDENT VISAS
MAINTAINING YOUR STATUS

Student visa holders need to make sure that they comply with all deadlines for receiving extensions on their visa, all deadlines for departing the United States or changing status during the statutory grace period, requirements of reporting, employment requirements, and/or reinstatement deadlines if the student visa holder has fallen out of status (their visa is no longer valid).

Each of these crucial issues is explained below in greater detail to help you, as a student visa holder, to ensure that you are in the country on a valid visa and do not miss a deadline forcing you to have to depart from the country.

Extensions

By applying for an extension, you may be able to stay in the United States past the time your visa would have originally expired legally. You must apply for an extension before the end date noted on your Form I-94 (Arrival/Departure Record). If you fail to apply for an extension before the end date on your Arrival/Departure Record, you will be out of status, meaning that you must either depart from the country or you must apply for reinstatement.

F-1 visa holders:
You are not required to apply for extensions as long as you are maintaining your status and progressing on a normal pace toward completing your educational goal.
J-1 visa holders:
You may apply for extensions based upon the date on their DS-2019 (Certificate of Eligibility for Exchange Visitor Status). However, it is in the discretion of the reviewing officer to extend the J visa holder's stay to the maximum limit allowed in the regulations based upon the program category or sponsor's designation.
M visa holders:
You may obtain extensions for up to 3 years from the original beginning date of their program. You must apply for an extension prior to the expiration of your visa.
H-3 visa holders:
You may not receive an extension unless they have resided out of the United States and are physically present outside the country for at least 6 months.
Grace Period

If you withdrawal from your studies or have successfully completed your studies, you have a set period of time in which you remain in status, but during this time you must either leave the country or you must change your status to another visa.

F-1 Visa Holders:
The length of your grace period depends on whether you withdrew from your studies or whether you successfully completed them. If you withdrew with authorization from your studies, you will have 15 days to depart or change status. If you did not have authorization to withdraw from your studies, you will NOT have a grace period in which you remain in status. You must depart the country at that time, because you are no longer in legal status. If you successfully completed your studies, then you receive a 60 day grace period in which you must either depart from the United States or change your status. Note, that you must change your status or depart prior to the end of your grace period. If you do not, then you will no longer be in legal status.
J Visa Holders:
Your grace period is for a time of 30 days in which you must either depart or change your status.
M Visa Holders:
You have a grace period of 30 days in which you must either depart or change your status.
H-3 Visa Holders:
You must depart the United States when your visa expires, and you may not apply for a change of status unless you reside and are physically present outside of the United States for 6 months.

Click to Continue to Reinstatement and Employment Requirements

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Wednesday, 08. September 2010
 
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