F1 Academic Student Issues
Jul 28th 2005, 2:22 am
#1
Guest
Posts: n/a
F1 Academic Student Issues
My daughter has a friend that has been in the US since 1998 with an F1 visa,
first he was here as an exchange student in high school in California, then
he proceeded to attend college in California. He was supposed to have
graduated in May 2005, but due to some issues, he did not pass all of his
classes and will not receive his degree unless he retakes these classes. He
would like to stay and retake these classes, but because he technically has
completed his program and his Visa is due to expire on 8/26/2005, he is not
able to do this. He has been working with the college official that works
with immigration since last year on this and basically this person has not
done their job.
What is his recourse on getting this resolved so that he can stay and
complete his degree, not become out of status and get deported. He really
would like to finish his program and get his degree. Otherwise, if he is
deported then he will not be able to complete his degree and would have
stayed here all these years for nothing. He filed an I-539 and paid the
fees in August 2004, mailed it to the local field office and it was returned
to him, saying he needed to mail it to Laguna Niguel. He then sent it to
Laguna Niguel. He has USPS certified receipts saying the paperwork was
received by them and according to the friend that wrote the check that went
with the paperwork the check has cleared the bank, but he has not heard
anything about his case file and the status of this paperwork from
immigration. He does not even have a file number in order to call on this
case.
So my question is, what can he do to extend his time so that he can complete
his program, not be out of status and also be able to travel home to see his
family during the upcoming winter holidays? His home country is Austria and
he holds an Austrian passport, if that makes a difference.
Thank you so much in advance for any assistance that you can give me.
Debbie
first he was here as an exchange student in high school in California, then
he proceeded to attend college in California. He was supposed to have
graduated in May 2005, but due to some issues, he did not pass all of his
classes and will not receive his degree unless he retakes these classes. He
would like to stay and retake these classes, but because he technically has
completed his program and his Visa is due to expire on 8/26/2005, he is not
able to do this. He has been working with the college official that works
with immigration since last year on this and basically this person has not
done their job.
What is his recourse on getting this resolved so that he can stay and
complete his degree, not become out of status and get deported. He really
would like to finish his program and get his degree. Otherwise, if he is
deported then he will not be able to complete his degree and would have
stayed here all these years for nothing. He filed an I-539 and paid the
fees in August 2004, mailed it to the local field office and it was returned
to him, saying he needed to mail it to Laguna Niguel. He then sent it to
Laguna Niguel. He has USPS certified receipts saying the paperwork was
received by them and according to the friend that wrote the check that went
with the paperwork the check has cleared the bank, but he has not heard
anything about his case file and the status of this paperwork from
immigration. He does not even have a file number in order to call on this
case.
So my question is, what can he do to extend his time so that he can complete
his program, not be out of status and also be able to travel home to see his
family during the upcoming winter holidays? His home country is Austria and
he holds an Austrian passport, if that makes a difference.
Thank you so much in advance for any assistance that you can give me.
Debbie
Jul 28th 2005, 10:05 am
#2
Guest
Posts: n/a
Re: F1 Academic Student Issues
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Deb in Northern California wrote:
> My daughter has a friend that has been in the US since 1998 with an F1 visa,
> first he was here as an exchange student in high school in California, then
> he proceeded to attend college in California. He was supposed to have
> graduated in May 2005, but due to some issues, he did not pass all of his
> classes and will not receive his degree unless he retakes these classes. He
> would like to stay and retake these classes, but because he technically has
> completed his program and his Visa is due to expire on 8/26/2005, he is not
> able to do this. He has been working with the college official that works
> with immigration since last year on this and basically this person has not
> done their job.
That's not good because this would have been my first suggestion.
Do be aware that the date his *visa* expires does not matter. What
matters is the date his status expires. This date is listed on his I-94.
For F-1 students, this is often "D/S" meaning "duration of status" or
"they are F-1s for however long it takes to graduate, as long as they
maintain a full course load".
Him failing classes may possibly have caused him to have violated his
F-1 status. He should discuss that with the college international
student advisor, and if necessary have them initiate reinstatement (as
far as I know, only the college can do that).
> What is his recourse on getting this resolved so that he can stay and
> complete his degree, not become out of status and get deported. He really
> would like to finish his program and get his degree. Otherwise, if he is
> deported then he will not be able to complete his degree and would have
> stayed here all these years for nothing. He filed an I-539 and paid the
> fees in August 2004, mailed it to the local field office and it was returned
> to him, saying he needed to mail it to Laguna Niguel. He then sent it to
> Laguna Niguel. He has USPS certified receipts saying the paperwork was
> received by them and according to the friend that wrote the check that went
> with the paperwork the check has cleared the bank, but he has not heard
> anything about his case file and the status of this paperwork from
> immigration. He does not even have a file number in order to call on this
> case.
OK. He filed for an extension of status, then. See above - my guess is
that this may not have been the right thing to do, but it probably won't
do any harm, either. By the way, for an F-1, he could have done this
only with the schools cooperation, since the I-539 requires that he
include form I-20 issued by the school.
It will probably be denied if his F-1 is really D/S. Regardless, while
it is pending, he *is* allowed to remain in the USA (it can take up to a
year to process). If it was filed in error, he can also continue
studying. If he indeed needed the extension, then he would have to stop
studying when his original status ends, and could only resume when his
extension is approved.
His international student advisor must tell him all that, since the
college is ultimately responsible for tracking him and entering his case
into the SEVIS computer system. If his F-1 ends, the school is
responsible for finding out about that.
Supposedly, USCIS writes the case number on the back of the cleared
check. But he should have received a receipt.
He can call the 800 number and see if they can find his case by name.
> So my question is, what can he do to extend his time so that he can complete
> his program, not be out of status and also be able to travel home to see his
> family during the upcoming winter holidays? His home country is Austria and
> he holds an Austrian passport, if that makes a difference.
He should certainly *not* leave the USA at this point! If he leaves the
USA at this point, he would have to either return before 8/26/05, or
apply for a new visa at a US consulate abroad. His I-539 would become
moot at that point. He would also have to carry the new I-20 from the
school with him.
Again, the most critical thing to understand at this point is the
difference between visa and status.
- --
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
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Hash: SHA1
Deb in Northern California wrote:
> My daughter has a friend that has been in the US since 1998 with an F1 visa,
> first he was here as an exchange student in high school in California, then
> he proceeded to attend college in California. He was supposed to have
> graduated in May 2005, but due to some issues, he did not pass all of his
> classes and will not receive his degree unless he retakes these classes. He
> would like to stay and retake these classes, but because he technically has
> completed his program and his Visa is due to expire on 8/26/2005, he is not
> able to do this. He has been working with the college official that works
> with immigration since last year on this and basically this person has not
> done their job.
That's not good because this would have been my first suggestion.
Do be aware that the date his *visa* expires does not matter. What
matters is the date his status expires. This date is listed on his I-94.
For F-1 students, this is often "D/S" meaning "duration of status" or
"they are F-1s for however long it takes to graduate, as long as they
maintain a full course load".
Him failing classes may possibly have caused him to have violated his
F-1 status. He should discuss that with the college international
student advisor, and if necessary have them initiate reinstatement (as
far as I know, only the college can do that).
> What is his recourse on getting this resolved so that he can stay and
> complete his degree, not become out of status and get deported. He really
> would like to finish his program and get his degree. Otherwise, if he is
> deported then he will not be able to complete his degree and would have
> stayed here all these years for nothing. He filed an I-539 and paid the
> fees in August 2004, mailed it to the local field office and it was returned
> to him, saying he needed to mail it to Laguna Niguel. He then sent it to
> Laguna Niguel. He has USPS certified receipts saying the paperwork was
> received by them and according to the friend that wrote the check that went
> with the paperwork the check has cleared the bank, but he has not heard
> anything about his case file and the status of this paperwork from
> immigration. He does not even have a file number in order to call on this
> case.
OK. He filed for an extension of status, then. See above - my guess is
that this may not have been the right thing to do, but it probably won't
do any harm, either. By the way, for an F-1, he could have done this
only with the schools cooperation, since the I-539 requires that he
include form I-20 issued by the school.
It will probably be denied if his F-1 is really D/S. Regardless, while
it is pending, he *is* allowed to remain in the USA (it can take up to a
year to process). If it was filed in error, he can also continue
studying. If he indeed needed the extension, then he would have to stop
studying when his original status ends, and could only resume when his
extension is approved.
His international student advisor must tell him all that, since the
college is ultimately responsible for tracking him and entering his case
into the SEVIS computer system. If his F-1 ends, the school is
responsible for finding out about that.
Supposedly, USCIS writes the case number on the back of the cleared
check. But he should have received a receipt.
He can call the 800 number and see if they can find his case by name.
> So my question is, what can he do to extend his time so that he can complete
> his program, not be out of status and also be able to travel home to see his
> family during the upcoming winter holidays? His home country is Austria and
> he holds an Austrian passport, if that makes a difference.
He should certainly *not* leave the USA at this point! If he leaves the
USA at this point, he would have to either return before 8/26/05, or
apply for a new visa at a US consulate abroad. His I-539 would become
moot at that point. He would also have to carry the new I-20 from the
school with him.
Again, the most critical thing to understand at this point is the
difference between visa and status.
- --
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
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Jul 28th 2005, 10:41 pm
#3
BE Enthusiast
Joined: Jan 2004
Location: Atlanta, GA
Posts: 771
Re: F1 Academic Student Issues
extensions of status for F-1 students are done only through school. The international center would issue him a new, extended I-20, make adjustments to his SEVIS record, and that would be it. No I-539 is required to extend F-1 status.
Because he failed his classes (by the way, how can you fail all of them? off topic), he was most likely placed on academic probation.
The only way to correct the situation with extending his status is through his international advisor at school. If the person is not cooperating, he needs to go higher - to the director of the International center. Although I have read about situations when that didn't help. Lucky me, I always had knowledgeable and professional staff to work with.
Because he failed his classes (by the way, how can you fail all of them? off topic), he was most likely placed on academic probation.
The only way to correct the situation with extending his status is through his international advisor at school. If the person is not cooperating, he needs to go higher - to the director of the International center. Although I have read about situations when that didn't help. Lucky me, I always had knowledgeable and professional staff to work with.
Jul 29th 2005, 12:48 am
#4
Guest
Posts: n/a
Re: F1 Academic Student Issues
Thanks for the response, he did not fail all of his classes, only one,
possibly two. I am not really sure, but with that if he is taking those
classes in the fall, he will not be a full time student and for some reason
he has been told that will effect his status with the visa.
I am just trying to get info here for him, I am not sure of all of the
situation other than what has been told to me by my daughter.
I went through some immigration issues back in 1998 and I knew this was a
great forum to gather information and help from the people that have
actually had the first hand experience.
Again, thanks for your response.
Debbie
"LucyMO" <member20158@british_expats.com> wrote in message
news:[email protected] m...
>> -----BEGIN PGP SIGNED MESSAGE-----
>> Hash: SHA1
>> Deb in Northern California wrote:
>> > My daughter has a friend that has been in the US since 1998 with an
>> > F1 visa,
>> > first he was here as an exchange student in high school in
>> > California, then
>> > he proceeded to attend college in California. He was supposed to
>> > have
>> > graduated in May 2005, but due to some issues, he did not pass all
>> > of his
>> > classes and will not receive his degree unless he retakes these
>> > classes. He
>> > would like to stay and retake these classes, but because he
>> > technically has
>> > completed his program and his Visa is due to expire on 8/26/2005, he
>> > is not
>> > able to do this. He has been working with the college official that
>> > works
>> > with immigration since last year on this and basically this person
>> > has not
>> > done their job.
>> That's not good because this would have been my first suggestion.
>> Do be aware that the date his *visa* expires does not matter. What
>> matters is the date his status expires. This date is listed on his I-
>> 94.
>> For F-1 students, this is often "D/S" meaning "duration of status" or
>> "they are F-1s for however long it takes to graduate, as long as they
>> maintain a full course load".
>> Him failing classes may possibly have caused him to have violated his
>> F-1 status. He should discuss that with the college international
>> student advisor, and if necessary have them initiate reinstatement (as
>> far as I know, only the college can do that).
>> > What is his recourse on getting this resolved so that he can stay
>> > and
>> > complete his degree, not become out of status and get deported. He
>> > really
>> > would like to finish his program and get his degree. Otherwise, if
>> > he is
>> > deported then he will not be able to complete his degree and would
>> > have
>> > stayed here all these years for nothing. He filed an I-539 and paid
>> > the
>> > fees in August 2004, mailed it to the local field office and it was
>> > returned
>> > to him, saying he needed to mail it to Laguna Niguel. He then sent
>> > it to
>> > Laguna Niguel. He has USPS certified receipts saying the paperwork
>> > was
>> > received by them and according to the friend that wrote the check
>> > that went
>> > with the paperwork the check has cleared the bank, but he has not
>> > heard
>> > anything about his case file and the status of this paperwork from
>> > immigration. He does not even have a file number in order to call
>> > on this
>> > case.
>> OK. He filed for an extension of status, then. See above - my guess is
>> that this may not have been the right thing to do, but it probably
>> won't
>> do any harm, either. By the way, for an F-1, he could have done this
>> only with the schools cooperation, since the I-539 requires that he
>> include form I-20 issued by the school.
>> It will probably be denied if his F-1 is really D/S. Regardless, while
>> it is pending, he *is* allowed to remain in the USA (it can take up to
>> a
>> year to process). If it was filed in error, he can also continue
>> studying. If he indeed needed the extension, then he would have to
>> stop
>> studying when his original status ends, and could only resume when his
>> extension is approved.
>> His international student advisor must tell him all that, since the
>> college is ultimately responsible for tracking him and entering his
>> case
>> into the SEVIS computer system. If his F-1 ends, the school is
>> responsible for finding out about that.
>> Supposedly, USCIS writes the case number on the back of the cleared
>> check. But he should have received a receipt.
>> He can call the 800 number and see if they can find his case by name.
>> > So my question is, what can he do to extend his time so that he can
>> > complete
>> > his program, not be out of status and also be able to travel home to
>> > see his
>> > family during the upcoming winter holidays? His home country is
>> > Austria and
>> > he holds an Austrian passport, if that makes a difference.
>> He should certainly *not* leave the USA at this point! If he leaves
>> the
>> USA at this point, he would have to either return before 8/26/05, or
>> apply for a new visa at a US consulate abroad. His I-539 would become
>> moot at that point. He would also have to carry the new I-20 from the
>> school with him.
>> Again, the most critical thing to understand at this point is the
>> difference between visa and status.
>> - --
>> Remember, I am strictly a layperson without any legal training. I
>> encourage
>> everybody to seek competent legal counsel rather than relying on
>> usenet
>> newsgroups.
>> Please visit my new FAQ at http://www.kkeane.com (always under
>> construction)
>> My email address in usenet posts is now invalid for spam protection.
>> See
>> my Web site for information on how to contact me.
>> Please feel free to enjoy some of my photographs at my Web site
>> http://www.ingopakleppa.com ! Comments are welcome.
>> -----BEGIN PGP SIGNATURE-----
>> Version: GnuPG v1.4.0 (GNU/Linux)
>> Comment: Using GnuPG with Mozilla - http://enigmail.mozdev.org
>> iD8DBQFC6K35yUlVTFdHXskRAhccAJ47sqKOQD7rxOEv5lyqhe BFlKeY8gCgkXWx
>> BhYzBcvsXuKhgJmQU5mvWZE=
>> =sw0X
>> -----END PGP SIGNATURE-----
> extensions of status for F-1 students are done only through school. The
> international center would issue him a new, extended I-20, make
> adjustments to his SEVIS record, and that would be it. No I-539 is
> required to extend F-1 status.
> Because he failed his classes (by the way, how can you fail all of them?
> off topic), he was most likely placed on academic probation.
> The only way to correct the situation with extending his status is
> through his international advisor at school. If the person is not
> cooperating, he needs to go higher - to the director of the
> International center. Although I have read about situations when that
> didn't help. Lucky me, I always had knowledgeable and professional staff
> to work with.
> --
> Posted via http://britishexpats.com
possibly two. I am not really sure, but with that if he is taking those
classes in the fall, he will not be a full time student and for some reason
he has been told that will effect his status with the visa.
I am just trying to get info here for him, I am not sure of all of the
situation other than what has been told to me by my daughter.
I went through some immigration issues back in 1998 and I knew this was a
great forum to gather information and help from the people that have
actually had the first hand experience.
Again, thanks for your response.
Debbie
"LucyMO" <member20158@british_expats.com> wrote in message
news:[email protected] m...
>> -----BEGIN PGP SIGNED MESSAGE-----
>> Hash: SHA1
>> Deb in Northern California wrote:
>> > My daughter has a friend that has been in the US since 1998 with an
>> > F1 visa,
>> > first he was here as an exchange student in high school in
>> > California, then
>> > he proceeded to attend college in California. He was supposed to
>> > have
>> > graduated in May 2005, but due to some issues, he did not pass all
>> > of his
>> > classes and will not receive his degree unless he retakes these
>> > classes. He
>> > would like to stay and retake these classes, but because he
>> > technically has
>> > completed his program and his Visa is due to expire on 8/26/2005, he
>> > is not
>> > able to do this. He has been working with the college official that
>> > works
>> > with immigration since last year on this and basically this person
>> > has not
>> > done their job.
>> That's not good because this would have been my first suggestion.
>> Do be aware that the date his *visa* expires does not matter. What
>> matters is the date his status expires. This date is listed on his I-
>> 94.
>> For F-1 students, this is often "D/S" meaning "duration of status" or
>> "they are F-1s for however long it takes to graduate, as long as they
>> maintain a full course load".
>> Him failing classes may possibly have caused him to have violated his
>> F-1 status. He should discuss that with the college international
>> student advisor, and if necessary have them initiate reinstatement (as
>> far as I know, only the college can do that).
>> > What is his recourse on getting this resolved so that he can stay
>> > and
>> > complete his degree, not become out of status and get deported. He
>> > really
>> > would like to finish his program and get his degree. Otherwise, if
>> > he is
>> > deported then he will not be able to complete his degree and would
>> > have
>> > stayed here all these years for nothing. He filed an I-539 and paid
>> > the
>> > fees in August 2004, mailed it to the local field office and it was
>> > returned
>> > to him, saying he needed to mail it to Laguna Niguel. He then sent
>> > it to
>> > Laguna Niguel. He has USPS certified receipts saying the paperwork
>> > was
>> > received by them and according to the friend that wrote the check
>> > that went
>> > with the paperwork the check has cleared the bank, but he has not
>> > heard
>> > anything about his case file and the status of this paperwork from
>> > immigration. He does not even have a file number in order to call
>> > on this
>> > case.
>> OK. He filed for an extension of status, then. See above - my guess is
>> that this may not have been the right thing to do, but it probably
>> won't
>> do any harm, either. By the way, for an F-1, he could have done this
>> only with the schools cooperation, since the I-539 requires that he
>> include form I-20 issued by the school.
>> It will probably be denied if his F-1 is really D/S. Regardless, while
>> it is pending, he *is* allowed to remain in the USA (it can take up to
>> a
>> year to process). If it was filed in error, he can also continue
>> studying. If he indeed needed the extension, then he would have to
>> stop
>> studying when his original status ends, and could only resume when his
>> extension is approved.
>> His international student advisor must tell him all that, since the
>> college is ultimately responsible for tracking him and entering his
>> case
>> into the SEVIS computer system. If his F-1 ends, the school is
>> responsible for finding out about that.
>> Supposedly, USCIS writes the case number on the back of the cleared
>> check. But he should have received a receipt.
>> He can call the 800 number and see if they can find his case by name.
>> > So my question is, what can he do to extend his time so that he can
>> > complete
>> > his program, not be out of status and also be able to travel home to
>> > see his
>> > family during the upcoming winter holidays? His home country is
>> > Austria and
>> > he holds an Austrian passport, if that makes a difference.
>> He should certainly *not* leave the USA at this point! If he leaves
>> the
>> USA at this point, he would have to either return before 8/26/05, or
>> apply for a new visa at a US consulate abroad. His I-539 would become
>> moot at that point. He would also have to carry the new I-20 from the
>> school with him.
>> Again, the most critical thing to understand at this point is the
>> difference between visa and status.
>> - --
>> Remember, I am strictly a layperson without any legal training. I
>> encourage
>> everybody to seek competent legal counsel rather than relying on
>> usenet
>> newsgroups.
>> Please visit my new FAQ at http://www.kkeane.com (always under
>> construction)
>> My email address in usenet posts is now invalid for spam protection.
>> See
>> my Web site for information on how to contact me.
>> Please feel free to enjoy some of my photographs at my Web site
>> http://www.ingopakleppa.com ! Comments are welcome.
>> -----BEGIN PGP SIGNATURE-----
>> Version: GnuPG v1.4.0 (GNU/Linux)
>> Comment: Using GnuPG with Mozilla - http://enigmail.mozdev.org
>> iD8DBQFC6K35yUlVTFdHXskRAhccAJ47sqKOQD7rxOEv5lyqhe BFlKeY8gCgkXWx
>> BhYzBcvsXuKhgJmQU5mvWZE=
>> =sw0X
>> -----END PGP SIGNATURE-----
> extensions of status for F-1 students are done only through school. The
> international center would issue him a new, extended I-20, make
> adjustments to his SEVIS record, and that would be it. No I-539 is
> required to extend F-1 status.
> Because he failed his classes (by the way, how can you fail all of them?
> off topic), he was most likely placed on academic probation.
> The only way to correct the situation with extending his status is
> through his international advisor at school. If the person is not
> cooperating, he needs to go higher - to the director of the
> International center. Although I have read about situations when that
> didn't help. Lucky me, I always had knowledgeable and professional staff
> to work with.
> --
> Posted via http://britishexpats.com
Jul 29th 2005, 12:51 am
#5
Guest
Posts: n/a
Re: F1 Academic Student Issues
Thank you for your response, I will pass your information on to him.
Debbie
"Ingo Pakleppa (see Web site for email)" <[email protected]> wrote in message
news:V52Ge.52131$4o.20161@fed1read06...
> -----BEGIN PGP SIGNED MESSAGE-----
> Hash: SHA1
> Deb in Northern California wrote:
>> My daughter has a friend that has been in the US since 1998 with an F1
>> visa,
>> first he was here as an exchange student in high school in California,
>> then
>> he proceeded to attend college in California. He was supposed to have
>> graduated in May 2005, but due to some issues, he did not pass all of his
>> classes and will not receive his degree unless he retakes these classes.
>> He
>> would like to stay and retake these classes, but because he technically
>> has
>> completed his program and his Visa is due to expire on 8/26/2005, he is
>> not
>> able to do this. He has been working with the college official that
>> works
>> with immigration since last year on this and basically this person has
>> not
>> done their job.
> That's not good because this would have been my first suggestion.
> Do be aware that the date his *visa* expires does not matter. What
> matters is the date his status expires. This date is listed on his I-94.
> For F-1 students, this is often "D/S" meaning "duration of status" or
> "they are F-1s for however long it takes to graduate, as long as they
> maintain a full course load".
> Him failing classes may possibly have caused him to have violated his
> F-1 status. He should discuss that with the college international
> student advisor, and if necessary have them initiate reinstatement (as
> far as I know, only the college can do that).
>> What is his recourse on getting this resolved so that he can stay and
>> complete his degree, not become out of status and get deported. He
>> really
>> would like to finish his program and get his degree. Otherwise, if he is
>> deported then he will not be able to complete his degree and would have
>> stayed here all these years for nothing. He filed an I-539 and paid the
>> fees in August 2004, mailed it to the local field office and it was
>> returned
>> to him, saying he needed to mail it to Laguna Niguel. He then sent it to
>> Laguna Niguel. He has USPS certified receipts saying the paperwork was
>> received by them and according to the friend that wrote the check that
>> went
>> with the paperwork the check has cleared the bank, but he has not heard
>> anything about his case file and the status of this paperwork from
>> immigration. He does not even have a file number in order to call on
>> this
>> case.
> OK. He filed for an extension of status, then. See above - my guess is
> that this may not have been the right thing to do, but it probably won't
> do any harm, either. By the way, for an F-1, he could have done this
> only with the schools cooperation, since the I-539 requires that he
> include form I-20 issued by the school.
> It will probably be denied if his F-1 is really D/S. Regardless, while
> it is pending, he *is* allowed to remain in the USA (it can take up to a
> year to process). If it was filed in error, he can also continue
> studying. If he indeed needed the extension, then he would have to stop
> studying when his original status ends, and could only resume when his
> extension is approved.
> His international student advisor must tell him all that, since the
> college is ultimately responsible for tracking him and entering his case
> into the SEVIS computer system. If his F-1 ends, the school is
> responsible for finding out about that.
> Supposedly, USCIS writes the case number on the back of the cleared
> check. But he should have received a receipt.
> He can call the 800 number and see if they can find his case by name.
>> So my question is, what can he do to extend his time so that he can
>> complete
>> his program, not be out of status and also be able to travel home to see
>> his
>> family during the upcoming winter holidays? His home country is Austria
>> and
>> he holds an Austrian passport, if that makes a difference.
> He should certainly *not* leave the USA at this point! If he leaves the
> USA at this point, he would have to either return before 8/26/05, or
> apply for a new visa at a US consulate abroad. His I-539 would become
> moot at that point. He would also have to carry the new I-20 from the
> school with him.
> Again, the most critical thing to understand at this point is the
> difference between visa and status.
> - --
> Remember, I am strictly a layperson without any legal training. I
> encourage
> everybody to seek competent legal counsel rather than relying on usenet
> newsgroups.
> Please visit my new FAQ at http://www.kkeane.com (always under
> construction)
> My email address in usenet posts is now invalid for spam protection. See
> my Web site for information on how to contact me.
> Please feel free to enjoy some of my photographs at my Web site
> http://www.ingopakleppa.com ! Comments are welcome.
> -----BEGIN PGP SIGNATURE-----
> Version: GnuPG v1.4.0 (GNU/Linux)
> Comment: Using GnuPG with Mozilla - http://enigmail.mozdev.org
> iD8DBQFC6K35yUlVTFdHXskRAhccAJ47sqKOQD7rxOEv5lyqhe BFlKeY8gCgkXWx
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> =sw0X
> -----END PGP SIGNATURE-----
Debbie
"Ingo Pakleppa (see Web site for email)" <[email protected]> wrote in message
news:V52Ge.52131$4o.20161@fed1read06...
> -----BEGIN PGP SIGNED MESSAGE-----
> Hash: SHA1
> Deb in Northern California wrote:
>> My daughter has a friend that has been in the US since 1998 with an F1
>> visa,
>> first he was here as an exchange student in high school in California,
>> then
>> he proceeded to attend college in California. He was supposed to have
>> graduated in May 2005, but due to some issues, he did not pass all of his
>> classes and will not receive his degree unless he retakes these classes.
>> He
>> would like to stay and retake these classes, but because he technically
>> has
>> completed his program and his Visa is due to expire on 8/26/2005, he is
>> not
>> able to do this. He has been working with the college official that
>> works
>> with immigration since last year on this and basically this person has
>> not
>> done their job.
> That's not good because this would have been my first suggestion.
> Do be aware that the date his *visa* expires does not matter. What
> matters is the date his status expires. This date is listed on his I-94.
> For F-1 students, this is often "D/S" meaning "duration of status" or
> "they are F-1s for however long it takes to graduate, as long as they
> maintain a full course load".
> Him failing classes may possibly have caused him to have violated his
> F-1 status. He should discuss that with the college international
> student advisor, and if necessary have them initiate reinstatement (as
> far as I know, only the college can do that).
>> What is his recourse on getting this resolved so that he can stay and
>> complete his degree, not become out of status and get deported. He
>> really
>> would like to finish his program and get his degree. Otherwise, if he is
>> deported then he will not be able to complete his degree and would have
>> stayed here all these years for nothing. He filed an I-539 and paid the
>> fees in August 2004, mailed it to the local field office and it was
>> returned
>> to him, saying he needed to mail it to Laguna Niguel. He then sent it to
>> Laguna Niguel. He has USPS certified receipts saying the paperwork was
>> received by them and according to the friend that wrote the check that
>> went
>> with the paperwork the check has cleared the bank, but he has not heard
>> anything about his case file and the status of this paperwork from
>> immigration. He does not even have a file number in order to call on
>> this
>> case.
> OK. He filed for an extension of status, then. See above - my guess is
> that this may not have been the right thing to do, but it probably won't
> do any harm, either. By the way, for an F-1, he could have done this
> only with the schools cooperation, since the I-539 requires that he
> include form I-20 issued by the school.
> It will probably be denied if his F-1 is really D/S. Regardless, while
> it is pending, he *is* allowed to remain in the USA (it can take up to a
> year to process). If it was filed in error, he can also continue
> studying. If he indeed needed the extension, then he would have to stop
> studying when his original status ends, and could only resume when his
> extension is approved.
> His international student advisor must tell him all that, since the
> college is ultimately responsible for tracking him and entering his case
> into the SEVIS computer system. If his F-1 ends, the school is
> responsible for finding out about that.
> Supposedly, USCIS writes the case number on the back of the cleared
> check. But he should have received a receipt.
> He can call the 800 number and see if they can find his case by name.
>> So my question is, what can he do to extend his time so that he can
>> complete
>> his program, not be out of status and also be able to travel home to see
>> his
>> family during the upcoming winter holidays? His home country is Austria
>> and
>> he holds an Austrian passport, if that makes a difference.
> He should certainly *not* leave the USA at this point! If he leaves the
> USA at this point, he would have to either return before 8/26/05, or
> apply for a new visa at a US consulate abroad. His I-539 would become
> moot at that point. He would also have to carry the new I-20 from the
> school with him.
> Again, the most critical thing to understand at this point is the
> difference between visa and status.
> - --
> Remember, I am strictly a layperson without any legal training. I
> encourage
> everybody to seek competent legal counsel rather than relying on usenet
> newsgroups.
> Please visit my new FAQ at http://www.kkeane.com (always under
> construction)
> My email address in usenet posts is now invalid for spam protection. See
> my Web site for information on how to contact me.
> Please feel free to enjoy some of my photographs at my Web site
> http://www.ingopakleppa.com ! Comments are welcome.
> -----BEGIN PGP SIGNATURE-----
> Version: GnuPG v1.4.0 (GNU/Linux)
> Comment: Using GnuPG with Mozilla - http://enigmail.mozdev.org
> iD8DBQFC6K35yUlVTFdHXskRAhccAJ47sqKOQD7rxOEv5lyqhe BFlKeY8gCgkXWx
> BhYzBcvsXuKhgJmQU5mvWZE=
> =sw0X
> -----END PGP SIGNATURE-----
Jul 29th 2005, 10:49 pm
#6
BE Enthusiast
Joined: Jan 2004
Location: Atlanta, GA
Posts: 771
Re: F1 Academic Student Issues
he cannot study less than full time, unless it is his last semester and he took all the classes that are required and he has a special permission to enroll less than full time from his INternational center.
If it's none of the above, he will fall out of status.
If it's none of the above, he will fall out of status.
Aug 2nd 2005, 1:41 pm
#7
strangely floppy..
Joined: Mar 2005
Location: Ohio - originally London
Posts: 1,719
Re: F1 Academic Student Issues
If the student took a 12 credit courseload, and received an F grade for even 1 hour or the 12, he is in violation. It is as if the student never registered for a the class. The 12 credit minimum refers to 12 complete graded hours, not 12 initially registered.
Ask the school DSO about extending the I-20, and applying for reinstatement. I have never yet had a student denied a reinstatement, and some were in a complete mess!. The I-539 isnt needed.
Ask the school DSO about extending the I-20, and applying for reinstatement. I have never yet had a student denied a reinstatement, and some were in a complete mess!. The I-539 isnt needed.
