sevis terminated

[axp 0]

I came to the US in 05 on f1 visa. I graduated on Dec 2010 and worked on my field for a yr while on opt. In 09 I renewed my visa from Mexico which is valid for another 2 years. After OPT I applied for grad school and got accepted at my previous school but they did not offer me any scholarship. I graduated with honors and good GPA. So I thought of applying to other schools for better opportunity and deferred my spring application for summer. I got accepted but the school is now saying that they had issues with my i20 for the classes don't start until June and my opt expired on Dec and I'm still in the states. I have already purchased tickets to go back home but I'm not sure if I need to reapply for another visa (which will be a real headache) or if there will be any issues at the Poe with my visa and terminated sevis.

Would appreciate y'all feedback.

[Little_My 464]

If I understand your post correctly, your OPT expired in December 2011, but you are still in the States. If I'm not mistaken, the grace period to remain in the US after your I-20 has expired is 60 days - therefore, for you that deadline would have been some time in late February/early March, i.e. right about now. You have either overstayed by some days by now, or you are about to - in either case, the only smart thing for you to do now is to leave the US, go back home until you overstay even more, and get a new visa while there. Because your old I-20 expired and your new one won't be valid until 30 days before your classes start (at earliest), right now you're out of status.

You'll need a new I-20 issued by the new programme you'll be starting in June, and you will need to get a new visa while you're back home.

[axp 0]

So I need to apply for visa even though I have a valid visa for another 2 yrs??

[canadian_wife 1,808]

what visa do you have for another 2 years? It clearly cannot be a student visa as you are not in school, so if it was, and your SEVIS is terminated, then you must return and your visa is no longer valid.

If it is a work visa and you are unemployed, then you don't have any grounds to stay in the US anyway unemployed.

So...yes, you must return home

Good luck

[axp 0]

I renewed my F-1 visa in 09 which is good through 2014. I got a new I20 for summer with a new SEVIS no on it. I am planning to leave the country in a few days. I just dont want to deal with the consulate to get a new visa. The international advisor at my school said to check with the consulate at my home country, she couldnt give me a fixed answer. She also said that I might be questioned at POE but with my case she says it shouldnt be a big deal if I am able to explain the officer why I stayed a month longer than authorized.

[Boiler 45,052]

Good luck, let us know how you get on.

[jaycali 415]

So I need to apply for visa even though I have a valid visa for another 2 yrs??

Yes, you will need a new F-1.

The expiration date on the F-1 visa is practically meaningless. You can have a 1 year visa and stay for 8 years. You can have a 4 year visa and stay for one year. Once you enter the US on a student visa, the CBP officer stamps "D/S" in your passport. D/S means duration of status. This means that your visa is valid as long as you're a student, regardless of the expiration date on your visa. Even if the visa expires, your visa is still valid if you're still a student. Likewise, even if your visa expiration date hasn't passed, it still expires once you are not longer a student, or no longer on OPT.

Once you graduate, or OPT expires, you have a 60 day grace period - Once those 60 days are up, you're out of status and you're considered to be overstaying.

What date exactly did your OPT expire? You really should leave the country within 60 days of its expiration date if you want to get a new F-1! Had you started a new course of study within those 60 days, you could have still used the same visa, but that is no longer the case.

I'm not going to question your international student adviser - they're usually more knowledgeable than me on this subject and he/she might have dealt with these cases on numerous occasions. Regardless, my understanding is that it is very difficult to get a new F-1 or even get back into the country if you have an overstay on your previous visa.

Edited March 7, 2012 by jhsm85

[Soapz 14]

The overstay may definitely an issue. But as far as I understand the process (I came here on a F1 myself):

1. The I-94 will be stamped with D/S - not the passport or the visa.

2. The F1 visa should allow you re-entry because it is still valid - in theory.... I don't know how an overstay affects the visa - it could be invalid because of the overstay - I guess that is what you have to find out. The F1 visa generally allows multiple entries into the country.

They could deny re-entry because of the overstay. Ask your school if they can give you a letter that explains issues with the I-20, extended stay because of these issues, maybe a longer processing time anything that might explain why you stayed longer than allowed.

I just found this:

What happens if I fall out of status?

If you fall out of status, you can apply for reistatement provided you go to the INS and prove that:

1. The violation of status resulted from circumstances beyond the student's control or that failure to receive reinstatement to lawful F-1 status would result in extreme hardship to the student;

2. You are currently pursuing, or intending to pursue, a full course of study at the school which issued the Form I-20 A-B;

3. You have not engaged in unauthorized employment; and

4. You are not deportable on any grounds.

The visa of any nonimmigrant who overstays his/her period of authorized stay in the US will be canceled, and the person must apply for a new visa at the US embassy or consulate in his or her country of last permanent residence. If a person is in unlawful status for a period up to 180 days and leaves the US, he/she will be barred from returning to the US for a period of 3 years. If the unlawful period exceeds 180 days, the person will be barred for 10 years.

Hope this helps.

Good luck!

[jaycali 415]

1. The I-94 will be stamped with D/S - not the passport or the visa.

- it's written on the I-94 and in the passport stamp from the POE. At least it was in my case.

2. The F1 visa should allow you re-entry because it is still valid.

- An F-1 visa is not valid for re-entry without an accompanying I-20 signed by the school. Every time a student plans to leave and re-enter, the appropriate school official has to sign the I-20 to state he/she is still a student or on OPT. Without this, the F-1 visa is worthless at the POE.

When I was a student, a lot of us went down to Mexico for a weekend. There was an international student who forgot to bring his I-20, and he got held up by CBP for three hours while they tried to get a hold of the school's international student advisor.

Edited March 8, 2012 by jhsm85