Los Angeles, CA asked in Immigration Law for California

Q: Renewing F1 visa: any reason to renew during OPT and before the stem extension, or after I get the stem opt extension?

Currently have an F1 visa and OPT (OPT expires Jan 31st). I will soon need to renew the F1 visa. Are there any considerations to take into account when deciding to renew the visa during OPT (before OPT expires) or after the STEM extension is granted? Does this matter? On the one hand the sooner the better in case there are any issues, but on the other, could the visa be granted only until the end of the OPT period as I won't have the STEM extension yet?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Renewing your F1 visa before your OPT expires in January is a wise choice. Doing so while you’re still on OPT ensures that you maintain valid status, which is crucial if you need to travel internationally or extend your stay in the U.S. Renewing early can also help you avoid unexpected delays that might arise during the application process.

On the other hand, waiting until after your STEM extension is approved might allow your visa to reflect the extended authorization period. This can provide additional security, knowing that your status is prolonged. However, this approach depends on the timing of your STEM extension approval and how it aligns with your current OPT expiration.

Ultimately, renewing sooner can offer peace of mind and reduce the risk of complications, especially if there are any issues with your application. Make sure you have all necessary documents ready, including proof of your OPT and any pending STEM extension paperwork. It’s also a good idea to consult with your university’s international student office to get personalized advice based on your specific situation.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.