Maintaining F1 Status

Who this is for: Students from mainland China already in the U.S. on F-1 or on OPT who want to understand what counts as "maintaining status," how to arrange internships and post-graduation work legally, and when it is reasonably safe to go back to China to renew a visa. If you don't have a visa yet, start with F1 student visa interview.

Facts follow the federal regulation 8 CFR 214.2(f) (eCFR), USCIS, ICE/SEVP (studyinthestates.dhs.gov) and the State Department, last checked 2026-10-14. Items marked ⚠️ change often. Your school's DSO in the international student office is your most important contact; ask the DSO before any change.

1. Three things to understand first

• Visa: the foil in your passport; it only lets you ask to enter at a port of entry. It can expire while you're in the U.S. without affecting your status.
• Status: determined by the I-20 + SEVIS record + I-94 together. F-1 is still admitted for D/S (duration of status), meaning it stays valid as long as you study and train as required.
• DSO: the Designated School Official who updates SEVIS, approves CPT, recommends OPT and signs your I-20 for travel.

2. The full cycle

Flow: Arrive and report to your school to activate SEVIS → enroll full time every term (on-campus work up to 20 hours a week) → for internships, the DSO approves CPT → within 90 days before graduation the DSO recommends OPT, and within 30 days you file the I-765 with USCIS → 12 months of OPT (up to 90 days of unemployment) → STEM degrees can extend 24 months (E-Verify employer + I-983) → if selected for H-1B, cap-gap extends your status; otherwise leave, transfer or change status within the 60-day grace period

3. Each rule: forms, fees, key points

1. Full course of study

• Undergraduates: generally at least 12 credits per term (as the school defines full time).
• Graduate students: full time as certified by the DSO (varies by school).
• Online course limit: at most one class or 3 credits of purely online coursework per term counts toward full time; language programs cannot count online courses.
• A reduced course load (RCL), for example for academic difficulty, medical reasons or your final term, must be approved in advance by the DSO; you cannot drop courses first.

2. On-campus work

• Up to 20 hours a week while school is in session; full time during breaks.
• New students may start on-campus work no earlier than 30 days before the program start date.
• Unauthorized off-campus work = a status violation, with serious consequences (possible removal and effects on every future application).

3. Transfers and your next degree

• Notify your current DSO and set a "release date"; the new school takes over your SEVIS record and issues a new I-20.
• You must start classes at the new school within 5 months of the transfer release (or of the end date on your old I-20, whichever is earlier). Transferring during OPT follows the same 5-month limit, and your OPT authorization ends automatically.
• If you didn't maintain full-time enrollment you can't simply transfer; you need reinstatement or must leave and re-enter.

4. CPT (Curricular Practical Training)

• It must be an integral part of your curriculum (a required internship, a practicum course for credit, cooperative education and so on), approved by the DSO with an updated I-20 before you start. No USCIS application and no fee.
• Generally available after one full academic year; graduate programs that require immediate practical training are an exception.
• 12 months or more of full-time CPT eliminates your OPT eligibility at the same degree level. Part-time CPT does not.
• ⚠️ Tighter since August 2026: according to several universities and law firms, SEVP reminded schools that CPT must be an established curricular requirement, and UC Berkeley, UC Davis, UIUC, Boston University and others paused or restricted CPT through elective courses. Day-1 CPT is not explicitly banned by regulation, but the risk is clearly higher, and later H-1B and green card applications may face closer review.

5. OPT (Optional Practical Training after graduation)

6. STEM OPT (24-month extension)

• Requirements: your STEM degree is on DHS's STEM Designated Degree Program List; your school is accredited; you are in a valid period of post-completion OPT; your employer is enrolled in and uses E-Verify.
• Filing: file the I-765 within 90 days before your OPT ends and within 60 days of the DSO recommendation (same $520/$470 ⚠️), with an I-20 endorsed by the DSO within 60 days, a copy of your STEM degree and the employer's E-Verify number.
• Form I-983 training plan: completed by you and your employer and given to the DSO; the employer commits to a formal training program and pay comparable to similar U.S. workers.
• Automatic extension: if you file on time, your work authorization is automatically extended 180 days after your original OPT ends while USCIS decides.
• Reporting: report changes in name, address, email, and employer name and address to the DSO within 10 days; confirm your information with the DSO every 6 months; the employer must report your departure within 5 business days.
• Unemployment limit: 150 days total across OPT + STEM OPT.
• If you later earn a higher-level STEM degree, you can apply for one more 24-month extension.

7. Moving to H-1B (cap-gap)

If an employer files an H-1B petition on time with a change of status, your F-1 status and OPT work authorization automatically extend to April 1 of the following year or the H-1B start date, whichever is earlier. See H-1B work visa.

8. Grace periods, travel and reinstatement

• 60-day grace period: after completing your program (and OPT) you have 60 days to prepare to leave, transfer or change status; if the DSO authorizes your withdrawal you have only 15 days; if you violated status there is no grace period.
• The 5-month rule: if you are outside the U.S. for less than 5 months, you can return to continue studies with an I-20 endorsed for travel by the DSO; more than 5 months generally requires a new I-20. ⚠️ How long a travel signature is valid follows your school's rules (common practice: 12 months while studying, 6 months during OPT; not verified on a federal page).
• Reinstatement: within 5 months of falling out of status, with a DSO recommendation, you can file Form I-539 with USCIS ($470 paper / $420 online ⚠️) to request reinstatement; approval is not guaranteed.

4. Renewing your visa in China: when to go and what to bring

• An interview is required, in China (see the 2025-09-06 and 2025-10-01 rules in F1 student visa interview).
• Bring: a valid passport, DS-160 confirmation page, an I-20 recently signed by your DSO, enrollment certificate and transcript; on OPT/STEM OPT, also your EAD card, employer letter and recent pay stubs.
• Timing: STEM graduate students, people with a 10043-related background, and those doing sensitive research should allow 2–3 months or more for administrative processing; if you're stuck abroad during OPT, unemployment days still count.
• If your visa has expired but you don't leave: you can finish your degree and OPT without renewing.

5. What students from China should know

• In spring 2025 ICE unilaterally terminated a batch of international students' SEVIS records; some were restored by court order. If you get an unusual notice from your school or SEVIS, contact your DSO and a lawyer immediately.
• Renewals in China are also subject to public social media, 10043 and administrative processing rules; if you've been checked before, assess carefully before renewing.
• Internships in China aren't governed by CPT/OPT rules, but they affect your time in the U.S. and your SEVIS record; check with your DSO before leaving.

6. Rule changes in 2025–2026 (important)

1. D/S replaced by fixed periods: published, but put on hold by a court ⚠️ DHS published a final rule on 2026-07-17, originally effective 2026-09-15: replacing D/S with fixed admission periods (the program length on the I-20, at most 4 years, plus 30 days before and a 30-day departure grace period), limiting language programs to 24 months, requiring extensions through Form I-539 with USCIS, and barring a change of degree level in the first year; transition rules for Chinese passport holders were also shorter. On 2026-09-14 the federal district court in Massachusetts stayed the rule in Presidents' Alliance v. DHS, so D/S and the 60-day grace period remain. The government appealed to the First Circuit on 2026-09-30 (per law firm and university notices); the appeal by itself does not put the rule into effect. ⚠️ As of 2026-10-14 the SEVP page had not been updated for the court decision; follow your DSO's notices.

2. Large OPT fees: proposal only ⚠️ On 2026-10-08 DHS published a proposed rule in the Federal Register: $70,000 per student for initial OPT and $30,000 for the STEM OPT extension, paid by the school, refundable if no EAD is issued. It would apply to DSO recommendations made after the final rule's effective date plus 60 days; recommendations already made or approved would not be affected. Public comments run from 2026-10-08 to 11-09; not in effect.

3. Tighter CPT approvals (school-level, since 2026-08); see item 4 above.

7. What applicants report (since 2025)

Common themes from 2025–2026 public posts on 1point3acres, US Card Forum and personal accounts. Individual experiences, not guarantees.

• STEM OPT takes a long time: in October 2026 one person who filed STEM OPT at the end of May had waited over 130 days without approval, working under the 180-day automatic extension and weighing whether to pay for premium processing. The closer you file to the end of OPT, the more you need to watch the end of the 180 days.
• A DSO mistake can cause a denial: one person's extension was denied because the school hadn't updated the STEM recommendation in SEVIS, and they had to stop work immediately and enter the grace period, then rely on the school fixing the data plus an I-290B. Check the recommendation on page 2 of your I-20 yourself before filing.
• Day-1 CPT divides opinion: after the 2026 D/S rule and CPT tightening, many asked whether Day-1 CPT programs are still viable; some schools keep approving and others have paused. Before transferring, confirm the new school's CPT policy and SEVIS release date; you can't work between the release and the new CPT approval.
• The renewal trade-off: PhD students in sensitive fields generally reported long checks in 2026, and many chose not to go back before graduating.

8. FAQ

1. I'm only a few classes short in my last term. Can I take fewer? You can request a reduced course load for your final term, approved in advance by your DSO.

2. Can I start working before my OPT is approved? No. You need the EAD card and the start date on the card must have arrived.

3. How are unemployment days counted? Cumulatively from the EAD start date, not necessarily consecutively. 90 days for OPT, 150 total with STEM. You can check in the SEVP Portal, but keep your own count too.

4. I've done 12 months of full-time CPT. Can I still get OPT? Not at the same degree level. Part-time CPT doesn't count toward this limit.

5. Can I travel abroad during OPT? Generally yes if you have an EAD and a job (or offer); bring your EAD, an employer letter and an I-20 with a travel signature within 6 months. If your visa has expired you'll need to renew in China, with the risk of being held up by a check.

6. What do I need to do when changing jobs on STEM OPT? The new employer must use E-Verify; submit a new I-983 to your DSO and report the employer change within 10 days.

7. Will the new D/S rule force me to leave? As of 2026-10-14 the rule is stayed by the court and D/S still applies. If the appeal changes that, follow your school's notices.

8. Do I have to pay the $70,000 OPT fee myself? It's only a proposal and not in effect; the proposal says the school would pay. Whether it would be passed on, and when it might take effect, is undecided.

9. What if I've fallen out of status? Contact your DSO immediately. Within 5 months you may consider reinstatement through Form I-539 with a DSO recommendation, or leaving and re-entering with a new I-20; it depends on your case, so consult a lawyer.

9. Official links

• USCIS OPT: https://www.uscis.gov/working-in-the-united-states/students-and-exchange-visitors/optional-practical-training-opt-for-f-1-students
• USCIS STEM OPT: https://www.uscis.gov/working-in-the-united-states/students-and-exchange-visitors/optional-practical-training-extension-for-stem-students-stem-opt
• USCIS fee schedule G-1055 (I-765, I-539, premium processing): https://www.uscis.gov/g-1055
• Study in the States (SEVP): https://studyinthestates.dhs.gov/
• SEVP on the D/S final rule: https://studyinthestates.dhs.gov/2026/07/dhs-publishes-final-rule-establishing-a-fixed-time-period-of-admission-and-an-extension-of
• STEM OPT Hub: https://studyinthestates.dhs.gov/stem-opt-hub
• Federal Register, D/S final rule (2026-14439): https://www.federalregister.gov/d/2026-14439
• Federal Register, proposed OPT fee rule (2026-20660): https://www.federalregister.gov/d/2026-20660
• State Department student visas: https://travel.state.gov/content/travel/en/us-visas/study/student-visa.html

Disclaimer: This guide is for reference only and is not legal advice. F-1 rules and the 2026 litigation are changing quickly; follow your DSO, USCIS and DHS. If you have lost status, had a SEVIS termination or a denial, talk to a licensed U.S. immigration attorney.