Eligibilty for F-1 OPT?

[F1struggle]

I entered US on a H visa and then enrolled myself in graduate school to pursue master's. I was told my a few friends to change my status to F-1 so that I can avail CPT and OPT which will be a nice option to give me valuable practical experience before departing US.

Now, I applied for F-1 I-535 Change of status last week and also spoke to the DSO of my school. she says that I will not be eligible for post-completion OPT because I don't have one year on F-1 status to apply for OPT.
I don't believe there is any such rule. The rule is full-time student for one -year. Does anyone have any information on this? also, can I contact USCIS or NAFSA for a clarification?
Any other steps that I can take?

[sguntaka]

To be eligible for cpt/opt, 1 year as a full time (may not be F1 status) student is required. DSO represents USCIS from your school and they will have most up to date information.

[ImmiRam]

I don't believe there is any such rule.

My university also said the same thing - you need to be in F1 for one year to get to OPT. Check this on USCIS :USCIS - Questions and Answers: Extension of Optional Practical Training Program for Qualified Students (http://tinyurl.com/5dd9ox)

Pre-completion OPT:
An F-1 student may be authorized to participate in pre-completion OPT after he or she has been enrolled for one full academic year. The pre-completion OPT must be directly related to the student’s major area of study. Students authorized to participate in pre-completion OPT must work part-time while school is in session. They may work full time when school is not in session.

[F1struggle]

To be eligible for cpt/opt, 1 year as a full time (may not be F1 status) student is required. DSO represents USCIS from your school and they will have most up to date information.

Thanks for your reply.
Even I'm under the impression that it is one year of full-time status and in F-1 status at the time of application. As far as I know, this rule hasn't changed for a very long time. Somehow the DSO is unaware of this.
Also, one year means 2 semesters or 3 quarters,isn't it?Or is it 12 months?

[F1struggle]

My university also said the same thing - you need to be in F1 for one year to get to OPT. Check this on USCIS :USCIS - Questions and Answers: Extension of Optional Practical Training Program for Qualified Students (http://tinyurl.com/5dd9ox)

Pre-completion OPT:
An F-1 student may be authorized to participate in pre-completion OPT after he or she has been enrolled for one full academic year. The pre-completion OPT must be directly related to the student’s major area of study. Students authorized to participate in pre-completion OPT must work part-time while school is in session. They may work full time when school is not in session.

Thanks for your reply. I was talking about post-completion, what about that?

[F1struggle]

I just found this document, it is from nafsa. It mentions that :the student need not be specifically in F-1 status for one year".
http://immigrationvoice.org/forum/newreply.php?do=newreply&p=3338082 (Page 2,3)

[F1struggle]

Here is the link
http://proposals.nafsa.org/Abstract_Uploads/1697.61212.gs126.pdf

[ImmiRam]

Here is the link
http://proposals.nafsa.org/Abstract_Uploads/1697.61212.gs126.pdf

Can you please repost both the links ( forum and pdf )? PDF is only 1 page to there is nothing in it.

[F1struggle]

Here's the PDF link
http://proposals.nafsa.org/Abstract_Uploads/1697.61212.gs126.pdf

Please ignore the forum link.

[ImmiRam]

Here's the PDF link
http://proposals.nafsa.org/Abstract_Uploads/1697.61212.gs126.pdf

Please ignore the forum link.

I only see the first page and there is nothing important in it - how many pages do you see ? I tried to go to nafsa page and search but couldnt get the pdf.

[F1struggle]

Did you try scrolling down? It has 10 pages.

Or do a search on google with the following keywords" P in practical training NAFSA". You will get this PDF within the first 5 results.

[ImmiRam]

Did you try scrolling down? It has 10 pages.

Or do a search on google with the following keywords" P in practical training NAFSA". You will get this PDF within the first 5 results.

Got it. This is pretty interesting (point no 3), not sure if point 4 is related to it point 3. May be its best to consult lawyer/ USCIS. If you do, please keep me updated :

Eligibility for OPT
1 Lawfully enrolled on a full-time basis in a Serviceapproved college, university, conservatory, or seminary for one full academic year (8 C.F.R. § 214.2(f)(10))

2 If a student had accumulated one full academic year in F-1 status before falling out of status, and is subsequently reinstated to student status, he or she can use that time to satisfy the one full academic year requirement (Letter from Jacquelyn Bednarz, I.N.S., to Lisa Enfield, Esq.HQ214f-C (undated, 1993), reproduced in 70 Interpreter Releases 1120-21 (August 23, 1993)

3 An F-1 student need not have been specifically in F-1 status for 9 months, provided he or she was lawfully enrolled as a full-time student at a service-approved school in another nonimmigrant status that does not prohibit full-time study (INS Operations Instructions 214.2(f)(14)(ix))

4 However a student who re-enters to correct status or after an Authorized Early Withdrawal on a new SEVIS ID will have to again meet the academic year eligibility requirement But if a you correct the record after AEW within 5 months based on SEVP guidance, previously lawfully enrolled semesters still count towards eligibility

[F1struggle]

Exactly - this is interesting and important too :)
I do not plan to contact a lawyer right now but I would want to contact USCIS. Nor sure how to contact USCIS :( Any ideas?

[f1student_1]

Hi I am in the same situation. Did anybody confirmed with USCIS on this OPT eligibility issue. My school says that can transfer to F1 in last semester for OPT.
Dont know what USCIS has to comment.

[F1struggle]

Hi I am in the same situation. Did anybody confirmed with USCIS on this OPT eligibility issue. My school says that can transfer to F1 in last semester for OPT.
Dont know what USCIS has to comment.

I'm pretty sure you will be ok, if you transfer to F-1 status in the last semester. Your DSO is correct. I'm not sure how to confirm with USCIS. the Customer Service number is not of much use in such situations.

[f1student_1]

I contacted an attorney and they say, we dont find this INS Statement anywhere.
Dont know if USCIS changed the policy. I contacted USCIS, and they told me that if DOS recommeds you then we can approve the OPT. It all depends upon DOS.

I want to know if somebody actually got an approval on the same.

[f1student_1]

I contacted an attorney and they say, we dont find this INS Statement anywhere.
Dont know if USCIS changed the policy. I contacted USCIS, and they told me that if DOS recommeds you then we can approve the OPT. It all depends upon DOS.

I want to know if somebody actually got an approval on the same.
Also, i have completed 3 years in same University full time on H4 and now changing to F1 in last semester for OPT.

[F1struggle]

I contacted an attorney and they say, we dont find this INS Statement anywhere.
Dont know if USCIS changed the policy. I contacted USCIS, and they told me that if DOS recommeds you then we can approve the OPT. It all depends upon DOS.

I want to know if somebody actually got an approval on the same.
Also, i have completed 3 years in same University full time on H4 and now changing to F1 in last semester for OPT.

All attorneys know this rule. I'm surprised that the attorney you spoke to, does not know this. There is a document link in this thread. click on the link and read up on the eligibility.

Did you ask USCIS about this situation specifically? You will definitely get approival. I know people who have got approval.
I don't understand why you are paranoid about this whole thing becuse your DSO supports you anyway. My DSO is a pain, she is not aware of the rule and neither is she ready to listen to me.