F1 and work issues

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Old Feb 13th 2001, 6:23 pm
  #1  
Saif Ahmed
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What are the rules regarding paid internships under an F-1. I have a friend whos in
business school and was offerred a paid internship. Her school says that she has to be in
school on an F-1 for at least 3 quarters. She had changed her status from aan H1 to an F-1
in the middle of the first quarter and the school refuses to sign her I-20. Can anyone
clarify the rules? i doubt the INS works on a quarter system.
 
Old Feb 13th 2001, 6:31 pm
  #2  
babakmozaffari
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The school is referring to Optional Practical Training, which is available for F-1 holders
after 9 months. It's not about quarters or semesters, it's about months.

OPT is the only way for students to work and be paid, but there is a one-year limit to
working full time on OPT.

Sincerely, Babak
 
Old Feb 15th 2001, 7:24 pm
  #3  
Sylvia Ottemoeller
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Saif Ahmed wrote:

> What are the rules regarding paid internships under an F-1. I have a friend whos in
> business school and was offerred a paid internship. Her school says that she has to be
> in school on an F-1 for at least 3 quarters. She had changed her status from aan H1 to
> an F-1 in the middle of the first quarter and the school refuses to sign her I-20. Can
> anyone clarify the rules? i doubt the INS works on a quarter system.

See 8 Code of Federal Regulations section 214.2(f)(10) Practical Training, available
through http://www.ins.usdoj.gov/graphics/lawsregs/8cfr.htm.

This says in part, "Practical training is available to F-1 students who have been lawfully
enrolled on a full-time basis in a Service-approved college, university, conservatory, or
seminary for at least nine consecutive months."

Different schools have different interpretations of this. The student must have been
enrolled full-time for 9 months, clearly. The student must hold F-1 status at the time
curricular practical training or optional practical training is approved, that's clear
too. However, it is clear to me that the student need *not* have been in F-1 status for
the entire 9 months.

Also, note the following exception to the 9-month requirement:

"Exceptions to the nine-month in status requirement are provided for students enrolled in
graduate studies which require immediate participation in curricular practical training."

One place to make an appeal is to the CIPP-RR of the NAFSA Region to which the school
belongs. See http://www.nafsa.org/advocacy/cipp-rr/default.html.

Another thing to suggest is that the school's international student adviser post an
inquiry on INTER-L, the international education listserv. See
http://www.manitouheights.org/inter-l/.

Here is a pertinent post:

http://www.manitouheights.org/inter-.../Jun/0064.html (Quoting, "A student here was
granted OPT based on being in "a" legal status for 9 months--some of it B status pending a
C/s to F and some of it in F status.")
 

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