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International Student & Scholar Services

Length of Study Programs for Students in F-1 Status


Purpose

This section provides students in F-1 status with a basic understanding of (1) the limitations placed by regulations of the U. S. Immigration and Naturalization Service (INS) upon the length of time you may be enrolled in a program of study and (2) the procedures you must follow if you require additional time to complete program requirements. Consult with staff in the Center for International Programs office if you believe the time limitations placed upon your study are insufficient to allow you to complete your current program.

Duration of Status


You have been admitted to the U. S. for "duration of status", which is defined as:

  1. The time during which you are pursuing a full course of study and making normal progress toward completing that course plus
  2. The time you may be working in authorized "practical training" after you complete studies (if you qualify and are so authorized) plus
  3. 60 days to depart the country.

The INS grants duration of status to F-1 students by entering the notation "D/S" in the upper right corners of both the "Certificate of Eligibility for Nonimmigrant (F-1) Student Status" (INS Form I-20) and the "Departure Record" (INS Form I-94).

Limitations on Duration of Status

The "completion of studies" date in Item #5 on the most recent INS Form I-20 you were issued is the date by which the INS expects you to complete requirements for your current program. If you are unable to complete your program of study by that date, consult with your international student adviser at least 30 days before reaching the I-20 completion date. If you are eligible for an extension of your time limit, your adviser will assist you to comply with extension requirements.

Eligibility Requirements for Program Extension

You may apply for an extension of your study program if:

  1. You have not yet exceeded the time limitation placed upon your study by the expected completion of studies date in Item #5 on your I-20 and
  2. You have continuously maintained lawful F-1 status and
  3. The delay in completing program requirements has been caused by compelling academic reasons (such as changes of major field or research topics, or unexpected research problems), or compelling and documented medical reasons. Delays in completing program requirements which are caused by academic probation or suspension are not acceptable reasons for extension of a program of study.

If your completion of studies date has expired or if you do not meet the eligibility requirements to apply for program extension, you may need to apply for "reinstatement" to lawful F-1 status. In this case, immediate consultation with your international student adviser is necessary.

Application Deadline for Extension of a Study Program

You must apply for an extension within the 30-day period before the completion date on your I-20. You should contact staff in the Center for International Programs office at least 30 days before your I-20 completion date so that you will have sufficient time to prepare your application. If your completion date has already passed, please contact staff of that office immediately.

Application Procedures

  1. Memorandum or letter from your academic adviser. Your international student adviser may request that you obtain a memorandum or letter from your academic adviser. If one is needed, it should normally (a) certify that you have been continuously enrolled for a full course of study, (b) recommend an extension of your study program, (c) provide a new date when you are expected to complete your studies and/or (d) verify the reason(s) for a delay in your completion of program requirements.
  2. INS Form I-538. The Center for International Programs office will provide you with a form titled "Certification by Designated School Official" (INS Form I-538). You will need to (a) complete Items #1 through #6 and (b) sign and date the form. Staff in that office will complete the remainder of the I-538. No INS filing fee is required for the I-538.
  3. INS Form I-20. You will also need to fill in Item #11 on a new I-20 (with a new, extended completion date) which your international services office will prepare. You may be required to obtain updated financial support documents before the new I-20 can be prepared.
  4. INS Form I-20 ID (Student) Copy. You will be given the second sheet of Form I-20, known as the I-20 ID (Student) Copy, which will take the place of your previous I-20 ID. You must keep this new document and al¦us I-20 ID forms you have been issued, and submit them to (a) an Immigration officer when you travel outside the U. S. or apply for any future Immigration benefits or (b) your international student adviser when you apply for benefits which involve processing by that adviser. All future benefits authorized will be noted on your new I-20 ID (Student) Copy. Your international student adviser must mail Form I-538 and the first sheet of Form I-20 to the INS Data Processing Center within 30 days of the date he or she certifies the extension of program.

Failure to Comply with Program Extension Regulations


It is your responsibility to comply with all Immigration regulations which apply to F-1 students, including the extension of study program regulations discussed in this handout. Staff in the Center for International Programs office will assist you to do this. If your I-20 completion of studies date will soon expire or if it has expired, you are urged to immediately contact your international student adviser. If you fail to comply with your responsibilities, you may not be eligible to continue (or to apply for) benefits provided to F-1 students. For example, you may not be eligible to continue any type of employment (even on-campus employment through a scholarship, fellowship or assistantship) or to apply for school transfer, practical training or other F-1 benefits. In some situations, you may be subject to deportation.


For assistance, contact Mary Jaspers




International Student &Scholar  Services
Ph: 505-646-3199/Fax: 505-646-2558
marjaspe@nmsu.edu



(Last Updated: December 15, 2006 9:31 am MST )