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Hi everyone, I’m helping a friend with her F-1/OPT situation and would really appreciate experienced immigration attorney input. Facts: • She is currently on post-completion OPT (F-1). • Her EAD/OPT authorization ends on July 9, 2026. • remaining (SEVIS record shows July 9 as the hard final date). • She is about to receive admission to a new academic program that starts in August 2027 (roughly 13-month gap). • She wants to maintain lawful status in the U.S. until she can start the new program. Question: Would it be advisable to file Form I-539 to change status from F-1/OPT to B-2 visitor status before July 9, or is it better for her to depart the U.S. by July 9 and wait abroad, then apply for a new F-1 visa when the new I-20 is issued for the August 2027 program?
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Immigration and Nationality Law Attorney serving New York, NY
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Alan Lee & Arthur Lee, Attorneys at Law
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Because of the long period of time between the ending of her OPT and the beginning of a new program, perhaps it would be better for her to depart and apply for new F-1 visa when the new I-20 is issued for the August 2027 program. I assume that she is not on the list of countries whose nationals are banned from applying for F-1 and other types of nonimmigrant visas. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on May 04th, 2026 at 10:52 AM