PDA

View Full Version : PROBLEM: My F-1 visa expired, but I transferred to another univ before it..?


Elvie
02-23-2007, 01:48 AM
Hi!

I came to the US with a F-1 visa for 2 years to study in a college. But, I managed to graduate from that school in 1 year instead of 2, and transferred to another school. In between that period, I also applied and obtained an OPT, but was not able to use it. My OPT was given for 1 year starting from the date I graduated from my previous school. But, before my OPT expired, or half a year before it expired I started school in another university.

Now, it has been 2 years since I came to the US. My visa will expire this Spring. But my status (F-1 student) is valid, because I transferred from 2 year college to a 4 year univ. Do you guys think I will have problems If I go back to Uzbeksitan to renew my visa???

Please advise!

Elvie.

The Reaper
02-23-2007, 02:04 AM
Hi!

I came to the US with a F-1 visa for 2 years to study in a college. But, I managed to graduate from that school in 1 year instead of 2, and transferred to another school. In between that period, I also applied and obtained an OPT, but was not able to use it. My OPT was given for 1 year starting from the date I graduated from my previous school. But, before my OPT expired, or half a year before it expired I started school in another university.

Now, it has been 2 years since I came to the US. My visa will expire this Spring. But my status (F-1 student) is valid, because I transferred from 2 year college to a 4 year univ. Do you guys think I will have problems If I go back to Uzbeksitan to renew my visa???

Please advise!

Elvie.

If all your paperwork is in order, and as far as I can understand, you didn't violate immigration laws; I don't think you'll have problems in the embassy.
But again, we're talking about the US embassy here, so there's never a 100% guarantee.

I highly suggest you also talk to your international student adviser. They should have up-to-date info for you.

TR

stanford
02-23-2007, 03:09 AM
In addition to Reaper's reply:

If you are currently active student , and have your I-20 singed by I. Office showing your current attending school, you won't have problems to renew your visa.The chances of visa renewal is higher when you are with valid F1 rather than being on OPT.There is risk of denial when you try to renew it while on OPT. Because you intend must be education not employment.if you will do it before your visa expires , take your OPT card with you.

And again you should advice with I.O

Elvie
02-23-2007, 11:49 PM
Thank you guys for advise!

I was just thinking whether consular might ask what did you do while you were on OPT. But, I didn't work. Is babysitting ok? I know international students are not supposed to work. But, Babysitting doesn't really require check payment. And I think it is not illegal to do that, right? Sometimes, international students find housing that way (while staying in a family as a babysitter).

what do you guys think?

Elvie.

SmIlIk
02-28-2007, 05:20 AM
Thank you guys for advise!

I was just thinking whether consular might ask what did you do while you were on OPT. But, I didn't work. Is babysitting ok? I know international students are not supposed to work. But, Babysitting doesn't really require check payment. And I think it is not illegal to do that, right? Sometimes, international students find housing that way (while staying in a family as a babysitter).

what do you guys think?

Elvie.


Telling the truth is the best. But I doubt they will ask you about your whereabouts while your OPT. Just try not to go there by yourself. Give them all your current documents with valid passport (be advised to keep all your paperwork in order and give them all they ask). If it comes to that, explain that you changed schools and extended your I-20 (which you have proof for). IF they ask (IF) tell them that you used your OPT time efficiently trying to apply to a different school which turned out to be a successful decision for your future.

I doubt that they will reject your application. Ongoing studies are always good. Let them know how important it is for you to graduate and get the degree intended to fulfill your goals :D

SMLK

Пушкарева
02-28-2007, 02:18 PM
did anyone ever applied for F1 visa while on OPT in a country other than Uzb? did you get it? :rolleyes:

Frida
02-28-2007, 04:13 PM
did anyone ever applied for F1 visa while on OPT in a country other than Uzb? did you get it? :rolleyes:

Did you get into PhD? If so, congrats!!! If all your docs are correct (financial parts, and stuff), you can obtain your F1 from any other country. Just make sure you have valid OVIR though. I think it matters. My cousin just got her F-1 when she travelled to UK.

melo
02-28-2007, 04:16 PM
Thank you guys for advise!

I was just thinking whether consular might ask what did you do while you were on OPT. But, I didn't work. Is babysitting ok? I know international students are not supposed to work. But, Babysitting doesn't really require check payment. And I think it is not illegal to do that, right? Sometimes, international students find housing that way (while staying in a family as a babysitter).

what do you guys think?

Elvie.

To be totally honest babysitting is considered work because you received payment. The fact that people pay under the table does not mean it is not considered actual work. It is just something that is generally accepted, but still not technically legal.

rosefire
02-28-2007, 09:05 PM
Elvie,
it would be great if u could show that u did some volunteer jobs or un-paid internship somewhere while u were on OPT to gain some experience. this would be good option to tell consular. But u have to have docs to prove it. this is just an option

Thank you guys for advise!

I was just thinking whether consular might ask what did you do while you were on OPT. But, I didn't work. Is babysitting ok? I know international students are not supposed to work. But, Babysitting doesn't really require check payment. And I think it is not illegal to do that, right? Sometimes, international students find housing that way (while staying in a family as a babysitter).

what do you guys think?

Elvie.

furik
02-28-2007, 09:44 PM
Did you get into PhD? If so, congrats!!! If all your docs are correct (financial parts, and stuff), you can obtain your F1 from any other country. Just make sure you have valid OVIR though. I think it matters. My cousin just got her F-1 when she travelled to UK.

Do you mean having valid OVIR in the passport matters to getting F1 from other countries? I thought that OVIR just matters when you exit Uzbekistan, and the rest of the world does not care if you the stamp or not?

Frida
03-01-2007, 07:06 AM
Do you mean having valid OVIR in the passport matters to getting F1 from other countries? I thought that OVIR just matters when you exit Uzbekistan, and the rest of the world does not care if you the stamp or not?

Uzbekistan has some sort of an agreement with certain countries. If you travel to one of those countries they cannot let you go to the "third" country if your OVIR is expired. Many people have the same assumption as you do, so first you need to check. I am sure in Canada they wont care, but if you are travelling to CIS countries that might be quite an issue. I have heard that in Moscow they check and wont let you leave if you dont have valid OVIR.

Пушкарева
03-01-2007, 07:14 AM
Hi dear. No I am not continuing studying. I am graduating in May (Hudo hohlasa). My F1 expires on the day of graduation, but there will be a year of OPT, as you might know. There is a chance to travel to Europe in summer, but to come back to the US - i will need to apply for a new F1.

You think it is a double risk:
- to apply for the visa in Europe, and
- to request it while on OPT??

:rolleyes: What about Canada?

Nezabudka wants to Europe :bawling: Dont wanna give up the chance


Did you get into PhD? If so, congrats!!! If all your docs are correct (financial parts, and stuff), you can obtain your F1 from any other country. Just make sure you have valid OVIR though. I think it matters. My cousin just got her F-1 when she travelled to UK.

Frida
03-01-2007, 07:40 AM
Hey there, lookie what I found. I hope it helps. Things I know for sure: after getting your OPT you can travel. AS it works as ordinary I-20 form. If your F-1 is expired but you have valid OPT then you can travel to Canada and Mexico without renewing your F-1 visa.

Optional Practical Training & Travel Issues


1. Now that I've turned in my OPT application, can I travel outside the U.S. while I wait for the card to come?
Officially, if you have an Optional Practical Training application pending with USCIS, you are not supposed to leave the country. If you do, USCIS may consider this departure as an abandonment of the application. Therefore, ISSS's official recommendation is that you DO NOT travel outside of the US while your OPT application is pending.
2. What if I have to travel out of the country for an emergency?
It does happen that students do indeed leave the country during this time period. The most common arrangement is that they ask a trusted friend or relative in the U.S. to pick-up the card for them at the ISSS and mail it to them by courier, so that the student can re-enter the U.S. with all of the required documents. If you are considering this path, consider that there are risks involved in this scenario: Your card could get lost in the mail or USCIS could send back your application due to some minor technicality (i.e. pictures, you forgot to sign a form, etc.), and if you are not in the country, it will slow the entire process even more.
3. What documents do I need to re-enter the U.S. while on OPT?
You will need your I-20 that has been recently endorsed on the travel line by ISSS; the Employment Authorization Document (EAD card) from the USCIS, your valid passport, and a current visa stamp. It might also be a good idea to carry your Offer of Employment letter with you as well. Please note that the ISSS cannot sign the back of your I-20 for travel while your EAD is pending with USCIS. Once the OPT is approved and you have received the EAD card, we will sign your I-20 for travel.

4. What if I still have some time left on my student program? Can I travel during that time, even though my I-20 shows that I've been recommended for OPT but it is still pending with INS?
Yes. You must be returning as a student to complete academic requirements. For example, a student who has applied for OPT in May, is enrolled during the summer, but who doesn't graduate until August, may still travel as a student until their graduation date by re-entering the U.S. with a valid passport, current visa stamp, and the I-20 endorsed by ISSS. We recommend that you carry with you a Letter of Good Standing which can be obtained from the Registrar's Office.
5. The visa stamp in my passport has expired, but I need to travel outside the U.S. while on OPT. Do I need to get a new visa stamp at an embassy?
If you are going to Canada or Mexico or other contiguous territories (except for Cuba), and staying for less than 30 days, you could re-enter the U.S. on your expired F-1 visa stamp, with a valid passport, your EAD card and an I-20 that has been recently signed by the IO. Be sure NOT to turn in your I-94 card. You must keep it in your passport to re-enter the U.S. on an expired visa. If you are traveling elsewhere, you will need to go to a U.S. embassy or consulate and seek a new visa stamp. See our Visa (http://www.utexas.edu/dept/student_visa.html) website for more information.
6. In what ways is my application to the embassy for a new visa stamp affected by being on Optional Practical Training?
The risk of denial for a F-1 visa renewal when you are on OPT is higher than while you are in your active student program, as the fact that the focus of your stay in the U.S now is that of working rather than going to school, it may be seen as an avenue for adjustment of status to permanent residence. The F-1 student visa requires that the applicant must intend to return to the home country at the end of the program, and if the embassy official is not convinced of your intention to return home, the visa application could be denied.
7. What documents do I need to show at the embassy for a new visa stamp under OPT?
You need to take a valid passport, your I-20 recently endorsed by a student immigration advisor in ISSS, your EAD card, and if you have already have employment, you would be well-advised to take an official Offer of Employment letter showing your salary, location of where you will be working, job duties, and beginning date. You should only take a letter if the job is truly temporary and will end before or by the end of your practical training time. You should also be prepared to discuss how this job experience will apply to the job market in your home country, and how you intend to apply it there.
8. Do I still need to get the travel line on my I-20 signed by an immigration advisor at ISSS during the period of my OPT?
Yes, during your OPT, if you need to travel outside the U.S., you need to have a recent signture of the back if your I-20. If you are not located in Austin, mail the original I-20 to ISSS for the travel endorsement well in advance of your departure date from the U.S. It is advised that you send the I-20 through express mail and enclose a self-address, pre-paid express mail envelope for ISSS to return your I-20.


It is from UT website, not my university, but all of them work the same. http://www.utexas.edu/international/cs/opt_travel.html



Hi dear. No I am not continuing studying. I am graduating in May (Hudo hohlasa). My F1 expires on the day of graduation, but there will be a year of OPT, as you might know. There is a chance to travel to Europe in summer, but to come back to the US - i will need to apply for a new F1.

You think it is a double risk:
- to apply for the visa in Europe, and
- to request it while on OPT??

:rolleyes: What about Canada?

Nezabudka wants to Europe :bawling: Dont wanna give up the chance

Frida
03-01-2007, 07:42 AM
I think numbers 5 and 6 are just what you are looking for. Not very promising, hun. Sorry. :( Canada is quite interesting too. Or Mexico, would be awesome too. :)

Пушкарева
03-01-2007, 07:50 AM
Thank you very much. Canada's case is very complicated: they have a number of consulates and the procedures are confusing. I checked with the embassies in Europe and they all warn about risk to me as non-their-citizen applying in the countries.

I think, I better stay in the US :bawling:



I think numbers 5 and 6 are just what you are looking for. Not very promising, hun. Sorry. :( Canada is quite interesting too. Or Mexico, would be awesome too. :)

Frida
03-01-2007, 08:00 AM
Thank you very much. Canada's case is very complicated: they have a number of consulates and the procedures are confusing. I checked with the embassies in Europe and they all warn about risk to me as non-their-citizen applying in the countries.

I think, I better stay in the US :bawling:

Well, if you still decide about Canada, you can just mail the form, along with your passpost to the embassy located in Detroit (I did so). They will get back to you within 1-2 weeks. They work really fast. I did not even have to provide extra documents. Just said that I want to travel with my friends. If you have valid OPT, they have no reason to say no.

If you rather stay in US, but need a change, you are always welcome to my place :D!

SmIlIk
03-01-2007, 09:32 AM
N,
somehow when you PMed me I got your question wrong. I thought you wanted to apply for job overseas :) instead of applying for re-entry visa overseas in order to come back to states.

If you have a job in States, Valid Work permit you still have a high chance to apply for Visa in EU.

SMLK


P.S. Frida Hola :) Nezabudka owes me a visit. So, no way I will let you invite her before she comes to my place :D

Пушкарева
03-01-2007, 09:45 AM
You ladies are making my day! Thank you for your hospitality!!

I just received a call from a director of the international students office (a very good person with warmest attitude to me). So, she discussed my case at their staff meeting and recommended me NOT to travel :(

Oh well, I am saving my money to visit Smilik and FK then ;)


N,
somehow when you PMed me I got your question wrong. I thought you wanted to apply for job overseas :) instead of applying for re-entry visa overseas in order to come back to states.

If you have a job in States, Valid Work permit you still have a high chance to apply for Visa in EU.

SMLK


P.S. Frida Hola :) Nezabudka owes me a visit. So, no way I will let you invite her before she comes to my place :D

Prince
04-03-2007, 09:50 PM
He adviced you personally not to travel because he wanted you to stay on campus :) they need smart ladies like u :)
ANd ppl stil say: It's strictly business nothing personal , huh? :rolleyes: :rolleyes:

You ladies are making my day! Thank you for your hospitality!!

I just received a call from a director of the international students office (a very good person with warmest attitude to me). So, she discussed my case at their staff meeting and recommended me NOT to travel :(

Oh well, I am saving my money to visit Smilik and FK then ;)

FARA_VA
04-17-2007, 09:18 AM
No Matter if Visa expired or not, as long as you keep your I-20 active, you are allowed to stay in the US legally.

Пушкарева
04-17-2007, 09:29 AM
Right. Connections mean a lot in this world. I never wanted to admit that, but it is the fact. :?

He adviced you personally not to travel because he wanted you to stay on campus :) they need smart ladies like u :)
ANd ppl stil say: It's strictly business nothing personal , huh? :rolleyes: :rolleyes:

Prince
04-17-2007, 03:26 PM
Right. Connections mean a lot in this world. I never wanted to admit that, but it is the fact. :?

so are u going back to TAshkent or no? :rolleyes: