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Can I apply for OPT if my F-1 visa has expired?
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Can I apply for OPT if my F-1 visa has expired?

Hi,
I am in my PhD program and plan to apply for my graduation in December 2009. However, my visa (F-1) expires in August 2009. I have 2 questions:
1) I plan to travel to my home country in May 2009 for 3 weeks (return in May 2009). Could I have a problem with immigration, considering that my visa expires in 3 months.
2) After August 2009, my visa expires. Can I still stay on F-1 and graduate in December. When I graduate in December, can I apply for OPT (with my visa still expired). If not, do I have to apply for visa when I travel to my home country in May.

Help will be greatly appreciated


    




George L
Rating
As long as you remain in status on your F1, you'll be fine in the US after it expires. As long as your visa is valid, and you remain in status, you should have no problem entering the US.


dancing_smurf
I do not see an issue with leaving the country for three weeks to return to your home country and then re-enter on the student visa. Once you return you will need to apply for an extension for the F-1 visa before it expires. If you visa expires and you do not apply for an extension regardless of your reason you will be in the country illegally. Thereby making any further applications from this country impossible.


Gemma
My son who's 13, a British citizen has F1 visa which will expire on 12 June 2012. His petition in his I-20 is valid until 01 June 2017. Can I apply his F1 visa extension @ the US Consulate in Canada? He has been in the US since 2007 because of his studies. Please advise. Thank you.





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