The answer to this question is not simple. The student may be permitted by the Designated School Official to enroll for less than full-time where it is recommended for academic reasons or due to the student’s illness [I guess a complicated pregnancy qualifies]. The regulations are not specific as to how long a student may take less than a full-time load. An F-1 student is considered to be in status during the school’s annual vacation, if the student is eligible for and intends to resume full-time studies in the next term.

My friend’s son wants to come to U.S. for higher studies or employment. He will be completing his BE Btech. What steps he needs to take –

1. For coming to U.S. to do his M.S. in Computer Science.

— He must immediately obtain admission to an M.S. program from an accredited U.S. University. This University would have to provide him with an I-20 Admissions Record that he would then have to use to obtain a visa.

2. Come here for employment, securing a job and H1-B Visa.

— For this, he would have to find employment with a U.S. employer capable of employing him in a specialty occupation (one that requires the minimum of a bachelor’s degree).

Since you have already filed an application for change of status it is important that you respond to the Request for Evidence from the USCIS. Not doing so could affect an application for a visa at the U.S. Consulate.

You will be unable to return in F status if you leave the country. Also, once you depart you are ineligible to use the remainder of the OPT period.

Optional Practical Training (OPT) is accorded to individuals in F-1 status. You should be able to file a COS application to be accorded F-2 status.

Yes, however, it may be unlikely that you will receive your Permanent Residency before your OPT expires. This could be a problem if you plan on continuing in school or extending your F status. Indicating you are in intending immigrant renders you ineligible for extensions of your F student visa. There may be additional complications and we highly recommend you discuss this matter with one of our Attorneys.

Marriage to a U.S. citizen does not in itself invalidate your F-1 visa.

There are no restrictions. However, you must be prepared to explain to the satisfaction of a CBP official why you your entry is at a POE different from the one located nearest to the school.

I’m an international student.  I received a notice that my I-20 expired this year that the University did not notify me until after passing of the grace period of 60 days during which reinstatement could take place.  The university is asking me to leave the US and try to enter again with a new I-20 that they will provide me.  Is there still a way to avoid leaving and filing reinstatement?  What are the options in case problems arise at port of entry?

This situation is case specific and the questions sensitive. Unfortunately, this scenario is outside the scope of this forum. We recommend a personal consultation.

You could have your spouse petition (file an Immigrant Petition) for you immediately under the Family Based (2A) category. According to the Visa Bulletin for July 2012, it appears the backlog for India is approximately 2 years. However, numbers could move rapidly. If this happens, you could be looking at filing an Application for adjustment of status before your spouse becomes eligible to apply for naturalization. This strategy has no downside since you could always wait to file an Application to Adjust Status after your wife becomes a naturalized U.S. Citizen. You will not be required to file an immigrant petition all over again.

Reinstatement may be possible, but not guaranteed in this situation. It appears you have been out of status for over 5 months.  Under federal USCIS regulation 8 CFR 214.2(f)(16), an F-1 student is only eligible for reinstatement if all of the following conditions apply to the student:

•  Has not been out of status for more than 5 months at the time of filing the request for reinstatement (or the failure to file within the 5 month period was the result of exceptional circumstances and that the student filed the request for reinstatement as promptly as possible under these exceptional circumstances)
•  Does not have a record of repeated or willful violations of [USCIS] regulations
•  Is currently pursuing, or intending to pursue, a full course of study in the immediate future at the school which issued the Form I-20
•  Has not engaged in unauthorized employment
•  Is not deportable on any ground other than section 237(a)(1)(B) or (C)(i) of the Act
•  Establishes to the satisfaction of the [USCIS], in detail showing, either that:
•   The violation of status resulted from circumstances beyond the student’s control. Such circumstances might include serious injury or illness, closure of the institution, a natural disaster, or inadvertence, oversight, or neglect on the part of the DSO, but do not include instances where a pattern of violations or where a willful failure on the part of the student resulted in the need for reinstatement or
•  The violation relates to a reduction in the student’s course load that would have been within a DSO’s power to authorize, and that failure to approve reinstatement would result in extreme hardship to the student.
• Hope you find this helpful. Contact your International Students Office to discuss reinstatement immediately.