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I was holding F-1 visa when studying in a university. I got my master degree and then spent two more years to study for PhD. Because I didn't pass the PhD qualify exam, I left the university, and had my SEVIS number transferred to a local community college on Sept 15th. The community college has mailed a new I-20 to me recently, though I haven't received it and signed it yet. Since the fall semester of the community college started at the end of August, so I got admission to the spring semester started in Jan, 2014.
I now still stay in the U.S., because the gap between the time when I left my previous university and the time when I will enrol into the community college is less than five months.
However, in Jan 2014 when the spring semester starts in the community college, I may choose not to enrol because of the following reasons:
1. if I get admission from another better university for spring 2014, I may go to that university instead of the community college;
2. if I find a job with noncap H1b, I may go to work instead of studying in the community college;
3. if I decide to go back to my home country, I will not study at the community college.
My questions are:
1. If I don't enrol into the community college in Jan 2014 because of any of the above three reasons, will my stay in the U.S. between Sept 15th, 2013 and Jan, 2014 be illegal?
Will it have negative on my leaving and reentering the U.S., applying for OPT, H1B, and Green Card in the future?
2. If it is illegal, how long can I stay in the U.S. after I left my previous university on Sept 15th? Is it within 60 days after Sept 15th?
You are out of status if you do not attend school.
You will be a SEVIS violator and your SEVIS number invalidated and F-1 visa revoked. Changing schools is ok.
An I-797 notice of action from a service center authorizing employment is needed to go to work, meaning any future employer has to petition for you, file Labor certification showing no local workers can be found in the area, in short involve a lot of legwork.
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