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Navigating Employment During SEVIS Transfer: Unpaid Leave vs. Rehire

Overview

Maintaining employment status can be challenging for F-1 students transferring their Student and Exchange Visitor Information System (SEVIS) records between institutions. Two primary options often considered are taking unpaid leave or undergoing a rehire process. Understanding the implications of each can help in making an informed decision.

Unpaid Leave

Opting for unpaid leave involves temporarily suspending your employment without pay during the SEVIS transfer period.

Advantages:

  • Job Security: Maintaining your current employment status ensures a seamless return post-transfer.
  • Continuity: Preserves benefits such as health insurance and tenure.

 

Considerations:

  • Employer Policies: Not all employers offer unpaid leave; confirming this option with your HR department is essential.
  • Duration Limits: Some companies may restrict the length of unpaid leave.

 

Rehire Process

The rehiring process entails ending your current employment and reapplying or rehiring after the SEVIS transfer.

Advantages:

  • Fresh Negotiation: Opportunity to renegotiate terms, potentially securing better compensation or roles.

 

Considerations:

  • Employment Gap: Potential loss of income and benefits during the interim period.
  • Reapplication Risks: Reemployment is not guaranteed; the position may be filled or eliminated.

 

Key Considerations During SEVIS Transfer

  • Maintain Status: Ensure continuous full-time enrollment and adherence to F-1 regulations to avoid status violations.
  • Employer Communication: Discuss your transfer plans with your employer to explore options.
  • Documentation: Keep thorough records of communications and agreements regarding your employment status during the transfer.

 

Conclusion

Choosing between unpaid leave and the rehire process during a SEVIS transfer depends on individual circumstances, employer policies, and personal preferences. Engaging in open discussions with your employer and international student advisor will provide clarity and facilitate a smoother transition.

People Also Ask (PAA)

  1. What is a SEVIS transfer for F-1 students?
    • A SEVIS transfer allows an F-1 student to move their SEVIS record from one SEVP-certified school to another, maintaining their F-1 status during the transition.
  2. Can I work during the SEVIS transfer process?
    • Employment authorization depends on the policies of both current and new institutions and employer regulations. It’s crucial to consult with your Designated School Official (DSO) and employer.
  3. Is unpaid leave during SEVIS transfer advisable?
    • Unpaid leave can be beneficial as it maintains your employment status and benefits; however, it depends on your employer’s policies and financial situation.
  4. What are the risks of the rehire process during SEVIS transfer?
    • The rehiring process may lead to employment gaps, loss of benefits, and uncertainty regarding reemployment.
  5. How long does a SEVIS transfer take?
    • The duration of the transfer process varies, but it generally involves coordination between the current and new institutions to set a release date for the SEVIS record.
  6. Do I need to inform my employer about my SEVIS transfer?
    • Yes, it’s essential to communicate with your employer to discuss potential impacts on your employment and explore options like unpaid leave or rehire.
  7. Will my SEVIS ID change after the transfer?
    • No, transferring your SEVIS record allows you to retain the same SEVIS ID, ensuring the continuity of your F-1 status.
  8. Can I start working at my new school before completing the SEVIS transfer?
    • You must wait until the SEVIS transfer is finalized and you have proper authorization before commencing employment at the new institution.
  9. What happens if there’s a gap between my OPT end date and the new program start date?
    • Such gaps can affect employment authorization. Discuss options with your DSO, including adjusting transfer dates or exploring grace periods.
  10. Are there any fees associated with the SEVIS transfer?
    • Generally, there are no fees for transferring your SEVIS record; however, check with both institutions for administrative costs.

 

Understanding the nuances of employment during a SEVIS transfer is vital for maintaining legal status and ensuring a smooth academic and professional transition.

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