QUESTION

Post completion opt.

Asked on Jan 17th, 2023 on Immigration - California
More details to this question:
My EAD ends on 7/14/2023. I have applied to doctoral programs and usually they give me a decision by April. But the classes don't start until September. My question is, if I get accepted should I immediately transfer my I 20 or would it be possible for me to finish my opt and then transfer my I 20
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
One of two general rules is that an individual must be able to show that he or she is maintaining legal nonimmigrant status for at least 30 days prior to the program start date on the I-20 form. In your case, your fact situation says that your EAD ends on 7/14/23. F-1 status includes the period of time on OPT plus the 60 day grace period thereafter. That would take you into September, and your schooling starts in September. With such a timeframe, you should be able to finish your OPT and move smoothly into your next program. As this rule applies, there is no need to cite a second rule. As to whether there are restrictions by the school, that would be between you and the institution. 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 Feb 05th, 2023 at 10:00 AM

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