If my F1-visa expires before I graduate but I still have a valid I-20 can I apply for OPT after I graduate with an expired FI-visa?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my F1-visa expires before I graduate but I still have a valid I-20 can I apply for OPT after I graduate with an expired FI-visa?

Asked on January 14, 2014 under Immigration Law, West Virginia

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Yes, the visa only  needs to be valid for entry to the US.  It is not an indication of valid status.  The I-20 is what determines whether you are maintaining your valid F-1 status.  Therefore, you should be eligible to apply for OPT if you have satisfied other requirements for that; the visa is irrelevant.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption