What you need to know about the “150 days rule” – how you can maximize the extension of your stay in the US

Many students seek to extend their legal stay in the U.S. by utilizing the “150 days rule,” but often find themselves in awkward situations where their status becomes invalid due to misunderstanding the rule.

What is the “150 days rule”?

The “150 days rule” is not related to the unemployment period of OPT (Optional Practical Training); instead, it allows international students to remain in the U.S. while waiting for their new academic programs to start. 

A student who does not want to leave the U.S. before their new academic program begins must ensure the new program starts within 150 days after their OPT expires, and their SEVIS record must be transferred to the new school before the 60-day grace period ends.

Example:

If Mike’s OPT ends on April 10, then his grace period ends on June 9. If he plans to stay in the U.S. while waiting for school to start, his new program must begin by September 7, and his SEVIS must be transferred to the new school before June 9.

While this is a rule familiar to many students and school DSOs (Designated School Officials), there are nuances that are often not found on the USCIS (U.S. Citizenship and Immigration Services) website or individual school websites. According to USCIS regulations, once the SEVIS record has been transferred, the student is required to enroll in the first available intake. However, there is an implicit restriction that could cause students trying to use this rule to lose their legal status.

If Mike plans to continue his studies at Harvard University, which starts on September 3, he will have no issues with his status as Harvard only has two intake windows—January and September. Mike simply needs to transfer his SEVIS by June 9 and wait in the U.S. to start at Harvard in September.

If Mike plans to attend Harrisburg University, which starts its fall semester on August 26, there could be an issue because this university has an earlier intake window in early July. This means if Mike wants to wait in the U.S. for the fall semester, once his SEVIS is transferred, he must enroll for the closer July intake instead of waiting until August.

When using the 150 days rule, be sure to check if your school has multiple intake windows, especially if entering a “Day 1 CPT” school, as compliant CPT schools generally have about 3-6 intake windows each year.