July 23, 2004

Student Bridge Approved

Pursuant to the Federal Register for July 23, 2004, certain students in F-1 or J-1 status were granted authority to remain in the U.S. beyond the end of their student status until their H-1B petition becomes effective provided a timely filed change of status petition (filed prior to the expiration of the authorized stay in the US) was filed no later than July 30, 2004 and the employment start date on the petition is no later than October 1, 2004. The duration of status for dependents of affected F-1 or J-1 students is also extended until October 1, 2004. The bridge only applies to J-1 exchange visitor students but does not apply to other categories of exchange visitors. The Student and Exchange Visitor Information System (SEVIS) will continue to maintain records of F-1 and J-1 students whose stays have been extended.

For timely filed change of status applications filed before July 30, 2004, the bridge automatically extends the grace period of an F-1 or J-1 student (60 days or 30 days, respectfully) and enables the students to remain in valid status until October 1, 2004, the date an H-1B visa will become available. In the event that the H-1B petition is not adjudicated before October 1, 2004, the applicant will not be in valid student status after October 1, 2004 but will not accrue unlawful presence provided the petition was timely filed. If the H-1B petition is ultimately denied, students can remain in the U.S. through the duration of their 60 or 30 day grace period. If the grace period has passed, the F-1 or J-1 status is automatically terminated on the date of the denial and applicants must immediately leave the United States.

Please note that F-1 or J-1 students seeking a change of status to H-1B CANNOT travel outside of the United States while the change of status petition is pending. Should international travel occur during this period, applicants will be required to obtain their H-1B visa outside of the United States before being able to return to the U.S. in H-1B status.