Q. How do I know when my F-1 admission expires?
Check your Form I-94 for your Admit Until Date (AUD). The AUD is the date your period of admission expires, provided you otherwise maintain F-1 status. Students can locate their AUD on their Form I-94, “Arrival/Departure Record,” accessible from the Form I-94 website. Students approved for an extension of stay or change of status to F-1 can locate their AUD on the Form I-94 attached to the Form I-797A, “Notice of Action.”
Q. How do I apply for an Extension of Stay (EOS)?
To apply for an extension of your F-1 status, you would need to first apply to HCC International Services for an extended Form I-20. There are two options to extend your stay:
Submit Form I-539 to USCIS with the signed Form I-20 and other supporting documents and USCIS filing fee (current filing fees can be found on the USCIS website), or
Depart the U.S. and re-enter using the extended Form I-20 To do this, you need to have a valid F visa in your passport and not be subject to a travel ban or restriction.
Q. Can I remain in the United States while my Extension of Stay application is pending?
Yes. If USCIS receives a properly filed EOS application before your current admission period expires, you may generally remain in the United States while the application is pending.
Q. Who decides whether my Extension of Stay is approved?
Your DSO may determine whether you are eligible for a program extension and issue an extended Form I-20. USCIS makes the final decision on your Extension of Stay application.
Q. Can I request premium processing when filing Form I-539 for Extension of Stay?
No. Premium processing is not currently available for EOS applications. EOS applications must be submitted using the standard USCIS processing procedures. Students should file well in advance of their admission expiration date to allow sufficient time for adjudication (but not more than 6 months in advance).
Q. What are valid reasons for securing an extension approval by USCIS?
Valid reasons for receiving approval for an EOS can include medical or academic reasons, or delays in program completion due to a natural disaster. USCIS may apply stricter standards and use its own discretion when determining if a program extension is warranted. The rule emphasizes that USCIS should be the governing agency in determining eligibility for a legal status extension, and they can use agency discretion to determine if an extension is warranted.
Q. What are some reasons why an extension request may be denied by USCIS?
Any failure to maintain status could result in a denial by USCIS. Generally, if the delays in program completion are shown to be due to poor academic performance, failing classes, or otherwise failing to make normal academic progress, USCIS can deny an extension request. If the student is deemed to have exceeded the normal time period for a given academic program, an extension also might be denied. Proof of sufficient financial resources for the additional period of study will also be required, and an application could be denied if funding is deemed insufficient. Violations of U.S. laws outside of immigration rules could also be considered by USCIS, as could possible fraud issues, and violations of required non-immigrant intent - which requires F visa holders to maintain the intention of returning to their home country.
Q. How are my dependent spouse or children affected?
Dependent status holders (F-2) will need to file for extensions as well. Dependents, in general, will need to be included in Form I-539 extension filings with the principal F-1. However, there may be individual circumstances (i.e. a child aging out) that may require some dependents to file separate EOS applications.
If the F-1 principal decides to travel to obtain an extension, the dependents will need to travel as well or file a separate Form I-539 to extend their stay prior to their current Admit Until Date (AUD). Families will need to be diligent in monitoring expirations dates of all family members when extensions are filed or family members travel. It is ultimately the student’s responsibility to ensure dependents apply for extensions or travel timely. Consult with an immigration attorney when needed.