Immigration Issues/OPT

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Question
Hi,

I am studying Masters in a very reputed university here. I am currently a full time student on H4 for this semester(Fall2011) and am about to graduate in May 2012, after the Spring 2012 semester.

I was wondering that if I apply for a change of status from H4 to F1 now, would I be eligible for OPT?
Would this semester(Fall 2011) when I am enrolled as a full time student count towards my OPT eligibility requirements.

Thanks.

Regards,
Ria

Answer
Hi,

You must have pursued a full-time course of study for at least one academic year (usually 9 months) in F1 status to be eligible for OPT. It appears unlikely that you would be eligible for OPT, considering that you are not already in F1 status, and that it will probably take at least 3 months to be granted change of status to F1 by the USCIS.

However, I recommend checking with the DSO (also known as international student advisor) at your university to determine if you qualify for OPT.  

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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