Is there a grace period for SEVIS inactive?
SEVIS Inactive Grace Period: Understand Your Options
The Student and Exchange Visitor Information System (SEVIS) is a database that tracks the status of international students and exchange visitors in the United States. When a student’s SEVIS record becomes inactive, it triggers a grace period that allows them to remain in the country for a specific duration.
What is a SEVIS Grace Period?
A SEVIS grace period is a period of time after a student’s SEVIS record becomes inactive during which they are permitted to remain in the United States. The duration of the grace period varies depending on the type of visa the student holds.
Grace Period Duration for Different Visa Types
- F-1 students: 60 days post-program completion
- M-1 students: 30 days post-program completion
- J-1 students: 30 days after the end date of their program or 60 days after program completion, whichever is shorter
- H-1B workers: 60 days after termination of employment or the withdrawal of an H-1B petition
- L-1 workers: 60 days after termination of employment or the withdrawal of an L-1 petition
- OPT participants: 60 days after the end of their OPT period
Purpose of the Grace Period
The SEVIS grace period provides students and other individuals with a reasonable time frame to depart from the United States or prepare for a change in their visa status. During this period, they are allowed to engage in certain activities, such as:
- Making travel arrangements
- Applying for a change of status
- Extending their visa (if applicable)
Ending the Grace Period
The SEVIS grace period ends when the student or other individual:
- Departs from the United States
- Obtains a new or extended visa
- Changes their immigration status
- Overstays the grace period
Consequences of Overstaying the Grace Period
Overstaying the SEVIS grace period can have serious consequences, including:
- Accruing unlawful presence
- Difficulty obtaining future visas
- Deportation
Conclusion
The SEVIS grace period is an important provision that allows international students and other individuals to transition smoothly after their SEVIS records become inactive. It is crucial to understand the duration of the grace period applicable to your visa type and to adhere to the timelines. By following these guidelines, you can avoid any potential legal issues associated with overstaying your grace period.
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