.11.411.,G111./.1 

MATTER OF KALIA 

In Section 248 Proceedings 

A-20061003 

Decided by Regional Commissioner January 16, 1974 

An application for a change of nonimmigrant classification under section 248 of 

the Immigration and Nationality Act from that of a student under section 

101(a)(15)(F)(i) of the Act to that of an exchange visitor under section 

101(aX15XJ) of the Act, for the purpose of enabling the applicant to acquire 

additional practical training, is denied, in the absence of unusual circumstances, where the applicant has already been granted a total of 18 months' 

employment for practical training purposes while in student status. 

This matter is before the Regional Commissioner on appeal from 

the denial of the application for change of nonimmigrant status. 

The appellant is an unmarried 28-year-old native and citizen of 

India who was admitted to the United States on October 1, 1969 as 

a nonimmigrant student until September 30, 1970 pursuant to 

section 101(a)(15)(FXi) of the Immigration and Nationality Act. He 

subsequently received extensions of his temporary stay in F-1 

status until February 1, 1973, which included three periods of 

practical training aggregating 18 months. In accordance with his 

request for additional time, he was given until April 30, 1973 to 

depart from this country. The instant application for change of 

nonimmigrant classification to that of an exchange visitor was 

filed by him on April 16, 1973. In connection therewith, he has 

submitted a Form DSP-66, Certificate of Eligibility for Exchange 

Visitor Status, dated April 10, 1973 which reflects that he has been 

accepted into Exchange Visitor Program No. P—I-737 under the 

sponsorship of Rutgers-The State University, New Brunswick, 

New Jersey; that he will serve as Science Bibliographer and 

Reference Specialist at the school's Dana Library, Newark, New 

Jersey at a salary of $9,971 per year. The alien has stated that 

such employment will accord him two more years of practical 

training in his field; that he is aware of the two-year foreign 

residence provision and knows that he will be subject to such 

requirement if he is granted exchange visitor status. 

The District Director denied this application on the grounds that 

the alien has been given the maximum 18-month period allowable 

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for practical training; that there is no basis for according him 

exchange visitor status to permit him to engage in two additional 

years of practical training; that he is not a bona fide nonimmigrant. It was pointed out that a letter dated January 24,1973 from 

Rutgers University reflects that the appellant intends to apply for 

permanent residence in the United States. The alien has asserted 

on appeal that he has changed his mind about applying for 

permanent residence; that he wishes to fully familiarize himself 

with current theories and techniques in his field before returning 

to India to engage in his profession. In support of this appeal, 

there have been furnished two additional letters from Rutgers 

University advising that the applicant is seeking to gain experience, training, and knowledge in his field so he may return home 

to properly perform in his profession; that he will have gained 

sufficient knowledge and experience by June 1975; that there are 

good possibilities for his employment in the developing library 

systems in India, particularly the newly-established Indian Institutes of Technology. 

The entire record in this case has been very carefully reviewed 

in the light of the representations made on appeal. It is provided 

in 8 CPR 2142(0(6) that a nonimmigrant student may be granted 

permission to accept or continue temporary employment to obtain 

practical training in increments of not more than six months each 

for a maximum period of not more than 18 months in the 

aggregate. In view of the foregoing, it is concluded that the 

maximum period of time granted to an F-1 student for permission 

to engage in employment for practical training purposes should 

not exceed 18 months, regardless of whether the employment is in 

F-1. or J-1 status. The applicant in this case has already been 

allowed the maximum time permitted under Service regulations 

for practical training of an F-1 student. To accord him a change to 

another nonimmigrant classification at this juncture to enable 

him to continue such training, would be, in the absence of most 

unusual circumstances, contrary to the intent of those regulations. 

No such circumstances have been found to be present in this case 

to justify an exception to the general rule. Accordingly, this appeal 

will be dismissed. 

It is ordered that the appeal be and same is hereby dismissed. 

560