F-1 New Rule Scenarios · Status & Travel

Current D/S Students & Travel Under the New Rule

If you were already studying on the effective date and your I-94 still says D/S, you won't lose status right away. But as soon as you leave and re-enter after the effective date, you may immediately move to a fixed period of admission—the thing current students most easily overlook, and students on OPT should be especially careful.

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Each item below is tagged by how settled it is: Rule-explicit Reasonable inference Attorney prediction (pending guidance)

In a sentence: one trip can change your entire status basis. A current D/S student who stays in the U.S. can enjoy up to four years of transition; but once you leave and re-enter after the effective date, CBP issues an I-94 with a hard date, and the departure grace period drops from 60 days to 30 days. Whether to travel is worth weighing carefully.

Which stage are you in?

Open the stage that fits you best.

Stage ①

In the U.S. on the effective date, I-94 is D/S, no travel

Continuing your current program
Transition provisions apply

If on the effective date you were already in the U.S., your I-94 is still D/S, your I-20 and SEVIS are valid, and you're properly maintaining F-1 status, you won't lose status on the effective date. Your post-transition lawful stay runs, in principle, to the earlier of: the Program End Date on the I-20 valid on the effective date, or four years from the effective date. Under the transition provisions, current D/S students generally keep the original 60-day departure period.

Rule-explicit
Example

John Doe is a doctoral student with an I-20 valid to 2032, but the new rule takes effect in September 2026. Even though the I-20 runs to 2032, his transition can extend at most to four years from the effective date plus a 60-day departure period, i.e., Nov. 14, 2030. To keep going through 2032, he must file an I-539 (extension of stay) before then.

What to do now

You don't have to file an I-539 the moment the rule takes effect, but note three dates immediately: the Program End Date on your I-20 as of the effective date, the date four years from the effective date, and whichever of the two is earlier. That earlier date is your decision point for whether you'll need an I-539 later.

Rule-explicit
Stage ②

Leaving and re-entering after the effective date

The most easily overlooked step
One re-entry moves you to a fixed date

Once a current D/S student leaves after the effective date and re-enters, CBP generally issues an I-94 with a hard date under the new rule, no longer D/S, and the departure grace period drops from 60 to 30 days. After return, everything follows the new I-94 date—if your OPT, STEM OPT, new program, or CPT's program runs past that date, you generally need an I-539 or another departure and re-entry.

Rule-explicit
Example

John Doe is working on (non-STEM) OPT and entered under D/S. He travels home once after the effective date; on re-entry he gets an I-94 with an end date, and only 30 days of grace. Because his degree isn't STEM-eligible, there's no STEM OPT to follow his OPT—those 30 days are his entire buffer.

Worse: you may lose the transition waiver

If a D/S student leaves before filing the OPT / STEM OPT I-765 (work permit) and is later admitted with a fixed period, they lose the waiver from filing I-539—both the I-765 and the I-539 will be required. So travel not only shortens the grace period, it can push you out of the transition protection.

Rule-explicit
Stage ③

Traveling after filing an I-539

Leaving while the application is pending
Not treated as abandoned

If you leave after timely filing the I-539 and, on return, your previously authorized admission period hasn't expired and you only seek admission for the balance of that period, USCIS will not treat the pending I-539 as abandoned. The related work-permit application (I-765) also isn't treated as abandoned just because of this trip.

Rule-explicit
May be treated as abandoned

But if you re-enter using a new I-20 (with a Program End Date beyond your previously authorized period), the pending I-539 may be treated as abandoned, and the new date CBP gives on the I-94 controls. So before traveling, be sure which document and which period you're using to re-enter. DHS suggests carrying your I-539 receipt notice when you travel.

Rule-explicit
Short trips to Canada / Mexico

The rule doesn't change the State Department's existing automatic-revalidation rules: for short trips of 30 days or less to nearby areas (e.g., Canada, Mexico), eligible travelers have their visa validity automatically extended on return, and CBP may admit them without a new visa. How this interacts with fixed admission periods and a pending I-539, DHS says it will issue further guidance.

Rule-explicit
Stage ④

Admitted while the EAD is still pending

DSO recommended OPT, EAD not issued
Up to 240 days to wait

If USCIS hasn't approved your EAD when you enter, but your DSO has recommended an OPT period on the I-20, CBP may admit you for up to 240 days to give USCIS time to adjudicate the EAD. Reminder: being admitted doesn't mean you can start working—you still wait until the EAD (and the I-539, if required) is approved.

Rule-explicit

Two things current D/S students should remember: not leaving buys up to four years of transition; but once you leave and re-enter after the effective date, you move to a fixed period, your grace period is halved, and you may even lose the OPT / STEM OPT transition waiver. Before planning any trip, confirm whether you're currently D/S or fixed-date, whether you have any pending applications, and weigh the risk.

← Back to the F-1 new-rule overview

This page is general information, not legal advice for any specific case. The rule was published July 17, 2026 and takes effect Sept. 15, 2026; it remains a major rule subject to congressional review and could face litigation. Before taking any action, consult your school's DSO and an immigration attorney.