Common Questions on Student "Grace Period"
Posted Apr 28, 2006
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At the Murthy Law Firm, we recently have received many questions related to the grace period available to students and how that time is impacted by the H1B cap. Generally, the grace period for F-1 students is sixty days in duration, after the completion of the academic program of study. For those students who obtained F-1 Optional Practical Training (OPT), the sixty-day grace period begins at the end of the OPT. This time allows students to remain legally in the U.S. to travel or wrap up personal business and other matters. It does not apply to students who discontinue their studies and fail to properly maintain F-1 student status. There is also a thirty-day grace period for J-1 students or international exchange scholars. The most common questions on this topic are addressed below.
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Question 1. How long is the grace period for students?
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Sixty (60) days for F-1 students. J-1s, who are sometimes students, have a thirty-day (30) grace period. It is important literally to count the days, since the grace periods are measured in days, not months. Because some months have more than thirty days, the grace period of sixty days is not always two full months; nor is the thirty-day grace period always a full month.
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Question 2. Can I work during the grace period?
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No. OPT authorizes the right to work for one year. There is a sixty-day grace period at the end of OPT. The work authorization ends with the OPT. It is permissible to remain in the U.S. during the grace period, to live and travel, to wrap up one's affairs, or to await a change of status. There is no work authorization attached to the grace period, however, and the work authorization cannot be extended by filing a form simply because one wishes to continue working until H1B numbers become available, for example.
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This same question arises in the J-1 context, where there is a thirty-day grace period. An individual may remain in the U.S., but may not work.
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Question 3. I am going to change from OPT to H1B. Does the H1B case have to be filed before my OPT expires?
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It may be possible to file the H1B case during the grace period, though this is risky since some USCIS officers may take the position that the grace period is not the appropriate time to file a change of status application, as it instead is intended for wrapping up affairs in the U.S. If the grace period ends on or after October 1, 2006 (the start of the next fiscal year), an individual should be able to change status from F-1 / OPT to H1B from within the U.S.
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Question 4. Do I have to file something to request the grace period or to let the government know I am using this time?
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No. The grace period is permitted within the law and does not have to be requested specially or separately. There are no filings that need to be made to utilize this benefit. Note that this applies to F-1 and J-1 grace periods. Most other statuses, including H1B status, do not have grace periods.
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We hope that these responses to common questions are helpful to those of our MurthyDotCom and MurthyBulletin readers who are able to enjoy the benefit of the grace period allowed under law.