Yang Chen

My wife graduated with a B.S. degree in Dec. of 2002. Dec. 11th
Federal Register worded that F1 students needs to have been lawfully
enrolled for A FULL ACADEMIC YEAR to be eligible for OPT. Well, my
wife's status was changed from H4 to F1 on Jan. 23, 2002, about 10
days after the beginning of Spr. 2002 semester. She was a full time
student during Sum and fall 2002. Would she be considered not have
been lawfully enrolled for a full academic year because of that 10
days in spring when she was not in F1? If DSO (Designiated School
Official) indicates on I-538 that she is eligible for OPT, what are
the chances that INS denies the application because they think my wife
does not meet one full year requirement?

In case INS denies her OPT, in practice, can she then apply for change
of status to H4 or the only choice is to leave the country
immediately? If she is allowed to apply for H4, would the period after
opt denial and before H4 approval be considered out of status for her?
Would this hurt our green card process?

BTW, although not in F1 until Jan. 23,2002, she has been attending
school full time since fall 2001.

Comments and experiences will be really appreciated.

Yang

syedraza70

from my university when we applied it was from the college, all we have to do was give them our photo and fee and sign the form, college send the form to INS , i think your wife will get the opt.

Sylvia Ottemoeller

"Yang Chen" wrote in message
news:[email protected]...

    > My wife graduated with a B.S. degree in Dec. of 2002. Dec. 11th
    > Federal Register worded that F1 students needs to have been lawfully
    > enrolled for A FULL ACADEMIC YEAR to be eligible for OPT. Well, my
    > wife's status was changed from H4 to F1 on Jan. 23, 2002, about 10
    > days after the beginning of Spr. 2002 semester. She was a full time
    > student during Sum and fall 2002. Would she be considered not have
    > been lawfully enrolled for a full academic year because of that 10
    > days in spring when she was not in F1?

No. The regulations do not require that a person have *held* F-1 status for
the entire full academic year. The regulations require that the person hold
F-1 status, and that the person have been "lawfully enrolled on a full-time
basis in a Service-approved college, university, conservatory, or seminary
for one full academic year."

See 8 CFR section 214.2(f)(10), available through
http://www.ins.usdoj.gov/graphics/lawsregs/8cfr.htm. This does not include
the recent changes in F-1 regulations which are specified here:
http://www.nafsa.org/content/Profess...es/Immigration
AdvisingResources/sr2002g.pdf.

If DSO (Designiated School
    > Official) indicates on I-538 that she is eligible for OPT, what are
    > the chances that INS denies the application because they think my wife
    > does not meet one full year requirement?

No chance, unless INS makes an error, or unless INS changes the way it has
interpreted this provision in the past.

    > In case INS denies her OPT, in practice, can she then apply for change
    > of status to H4 or the only choice is to leave the country
    > immediately?

She would probably have to leave, but she could re-enter immediately in H-4
status.

If she is allowed to apply for H4, would the period after
    > opt denial and before H4 approval be considered out of status for her?
    > Would this hurt our green card process?

For an employment-based green process, no.

    > BTW, although not in F1 until Jan. 23,2002, she has been attending
    > school full time since fall 2001.