Using previous F1 visa that hasn't yet expired

[designguy 1,179]

50 minutes ago, sebastianshaw said:

. Once your SEVIS record is deactivated, your F-1 visa is also invalidated, even if it has not expired. 

 

This isnt technically 100% true. For example I did a Change of Status from F1 to E2. My F1 visa subsequently expired however I was still able to travel and use my expired F1 visa to enter the US, thus it wasnt technically invalidated

[sebastianshaw 97]

4 minutes ago, designguy said:

This isnt technically 100% true. For example I did a Change of Status from F1 to E2. My F1 visa subsequently expired however I was still able to travel and use my expired F1 visa to enter the US, thus it wasnt technically invalidated

Interesting but you changed your status before re-entering or it was pending when u reentered ?Also if the travel was for less than 30 days it might have been automatic visa validation under sevis

[SusieQQQ 11,584]

2 hours ago, carmel34 said:

College dean in the US here with some relevant experience with F-1s and I-20s.  If you left the US within 60 days of the master's program end date listed on the I-20, the underlying F-1 student visa continues to be valid until it expires, in your case to 2022.  If you left within 60 days of completing the master's program, you did not violate the terms of your F-1 visa, so it continues to be good.  You will need a new I-20 and be entered into SEVIS for the planned PhD program in order to successfully use the still valid F-1 visa to enter the US.  Since PhD programs take longer than 2 years, you will need to apply for an F-1 visa renewal well before your current one expires.  The international student office of your chosen school can assist with this process, deadlines, etc.  Most major universities have experienced staff who are very helpful with processing foreign student paperwork.  You have received good information from the school you contacted about pursuing a PhD.  The problem you face if you want to start a PhD program this Fall is all of the travel bans going on right now because of the virus.  Good luck with your PhD program!

Thank you for confirming this - it seemed logical but good to get proper confirmation. I would think the travel bans /restrictions are probably easier to get around than the problem of not being able to get a visa in time so luckily OP does not have that headache.

[jan22 2,898]

In general, I would say you should follow the advice provided by the official government source (i.e., the Embassy/Consulate).  However, with the current situation, there may be a less experienced person responding than normally.

 

The key question for you, before you can get a definitive anewer is :  How long have you been outside the US?  If it's five months or Iess, you're good to go.  Over five months and it's viewed as a break in studies and they will want to see a new student visa, to make sure you still meet all of the requirements after your extended absence.  Look at the first two categories in this DHS/ICE info --  https://www.ice.gov/sevis/travel

Edited June 30, 2020 by jan22

[Zombie69 363]

19 hours ago, sebastianshaw said:

no need to be snitty my dear friend, ultimately we are here to help each other.  i have shared that link in the same thread, it has a sea of information abut SEVIS program, i am sure you will find it in there. Thanks and have a good one. 

There are always people who like to contradict just for the sake of it. I guess sometimes you just need to ignore ignorant posters, and sometimes moderators can help too. I am glad you are on top of your circumstances and seem to be knowledgeable and know what you're talking about. I used to be a F-1 student as well. Good luck.

Edited June 30, 2020 by Zombie69

[retro_jet 1]

20 hours ago, carmel34 said:

College dean in the US here with some relevant experience with F-1s and I-20s.  If you left the US within 60 days of the master's program end date listed on the I-20, the underlying F-1 student visa continues to be valid until it expires, in your case to 2022.  If you left within 60 days of completing the master's program, you did not violate the terms of your F-1 visa, so it continues to be good.  You will need a new I-20 and be entered into SEVIS for the planned PhD program in order to successfully use the still valid F-1 visa to enter the US.  Since PhD programs take longer than 2 years, you will need to apply for an F-1 visa renewal well before your current one expires.  The international student office of your chosen school can assist with this process, deadlines, etc.  Most major universities have experienced staff who are very helpful with processing foreign student paperwork.  You have received good information from the school you contacted about pursuing a PhD.  The problem you face if you want to start a PhD program this Fall is all of the travel bans going on right now because of the virus.  Good luck with your PhD program!

 

Woah, thanks so much for this. I really hope that this is true (I am not doubting you, but also, many other posters here sound confident that I should take another visa, so I am just confused). But thanks for this, this helps.

[carmel34 3,531]

2 minutes ago, retro_jet said:

 

Woah, thanks so much for this. I really hope that this is true (I am not doubting you, but also, many other posters here sound confident that I should take another visa, so I am just confused). But thanks for this, this helps.

You have a valid F-1 visa to enter the US, provided that you did not violate the terms of the F-1, and left within 60 days of completing your master's program in 2019.  Did you do that?  If yes, then get a new I-20, get it entered in SEVIS, for your PhD program, and you're good to go.  At POE, you'll show your passport with a valid F-1 visa, and new I-20 paperwork from your PhD program.  The CBP officer makes the decision to let you enter or not.  Current travel bans with the virus may come into play as well.  Good luck!

[retro_jet 1]

7 minutes ago, carmel34 said:

You have a valid F-1 visa to enter the US, provided that you did not violate the terms of the F-1, and left within 60 days of completing your master's program in 2019.  Did you do that?  If yes, then get a new I-20, get it entered in SEVIS, for your PhD program, and you're good to go.  At POE, you'll show your passport with a valid F-1 visa, and new I-20 paperwork from your PhD program.  The CBP officer makes the decision to let you enter or not.  Current travel bans with the virus may come into play as well.  Good luck!

Thanks so much!
 

I left on July 7, 2019. I don't know the exact date of the completion of master's program but just know it was in early May (commencement? final exam? I will check with my previous university). But either way, hypothetically, if someone received a new I-20 (after applying for OPT) and then left the U.S. after 60 days from program completion (and, say, a few weeks after new I-20 receipt date), will it be a violation of the F1?

 

I applied for an OPT and received a new I-20, but left after receiving a better job offer at home country. 

Edited June 30, 2020 by retro_jet

[VISBIS 18]

On 6/29/2020 at 3:11 PM, sebastianshaw said:

basically a semester outside voids the visa and you lose status. So if you come back within 5 months with a new valid i-20 for another program that should fine, but if you stay back 5 months plus, you have to apply for new visa stamping through new i-20

This is true. You need to know that if you’ve been away from the United States for more than 5 months, you’re Ineligible for a sevis transfer, which you could’ve done, if you applied while at the end of your masters or OPT. Your new school will need to offer you a new SEVIS, and therefore you’ll need to reapply for a new visa. I took a leave of absence on a F1 as well, and had to reapply for a new visa afterward. 
 

https://iss.washington.edu/procedures/change-school/

 

Remember if you travel with your old visa, you’ll be denied entry at the port and this opens a whole other can of worms.

 

Also I’m guessing your F1 should expire within the next year or two, and considering the duration of PhD programs, why not apply for a new one anyways.

[xyz12345 260]

I learned something new. I always thought new program, new student visa and that rule never changed. Or maybe I was wrong the whole time. Entry by the CBP is still not guaranteed though.

 

https://studyinthestates.dhs.gov/2017/01/questions-dsos-do-students-returning-temporary-absences-need-new-visas

 

However, if a student has been out of the United States for more than five consecutive months (and not on study abroad), they will need to obtain a new Form I-20, “Certificate of Eligibility for Nonimmigrant Student Status,” and pay the I-901 SEVIS Fee again.  Again, the student would only need to apply for a new visa if their original visa was no longer valid.

 

Please also note that a valid visa does not guarantee entrance into the United States. U.S. Customs and Border Protection agents at the U.S. port of entry ultimately make the decision to admit people into the country, not the Department of State. For more information about this process, please visit our Getting to the United States resource page

[SusieQQQ 11,584]

2 hours ago, VISBIS said:

This is true. You need to know that if you’ve been away from the United States for more than 5 months, you’re Ineligible for a sevis transfer, which you could’ve done, if you applied while at the end of your masters or OPT. Your new school will need to offer you a new SEVIS, and therefore you’ll need to reapply for a new visa. I took a leave of absence on a F1 as well, and had to reapply for a new visa afterward. 
 

https://iss.washington.edu/procedures/change-school/

 

Remember if you travel with your old visa, you’ll be denied entry at the port and this opens a whole other can of worms.

 

Also I’m guessing your F1 should expire within the next year or two, and considering the duration of PhD programs, why not apply for a new one anyways.

The post you linked to refers to someone who worked illegally in the US on his F1 and was subsequently refused entry. That’s not relevant to OP?

[retro_jet 1]

4 hours ago, VISBIS said:

Also I’m guessing your F1 should expire within the next year or two, and considering the duration of PhD programs, why not apply for a new one anyways.

I would gladly apply for a new visa if it wasn't for the fact that the US embassy in my country is closed for now, and when asked, they couldn't give a definite answer on when they'll open.

[retro_jet 1]

3 hours ago, xyz12345 said:

I learned something new. I always thought new program, new student visa and that rule never changed. Or maybe I was wrong the whole time. Entry by the CBP is still not guaranteed though.

 

https://studyinthestates.dhs.gov/2017/01/questions-dsos-do-students-returning-temporary-absences-need-new-visas

 

However, if a student has been out of the United States for more than five consecutive months (and not on study abroad), they will need to obtain a new Form I-20, “Certificate of Eligibility for Nonimmigrant Student Status,” and pay the I-901 SEVIS Fee again.  Again, the student would only need to apply for a new visa if their original visa was no longer valid.

Yeah, I will have been out of the US for exactly a year on July 6 (five more days!). As you said, I have already received a new I-20, and am going to pay for my new SEVIS ID. According to what you said, that should be enough, right (notwithstanding the fact that the CBP may not allow me in)?

 

[retro_jet 1]

I also have a query about what counts as the end date of the program?

I realize the graduation/commencement ceremony happened on May 4, 2019 (so I left the US 63 days after that date).

However, in my previous I-20, it was mentioned that my program end date is 20 August 2019.

So I assume I should be considering the latter? If that is the case, I left the US before the program end date, and so it means I did not "violate" the F1.

 

Again, if it is the former (the commencement date), then I did apply for a new I-20 for OPT, but decided to leave anyway without staying a whole one year permissible time. So that would still mean I did not violate the visa, right?

[xyz12345 260]

26 minutes ago, retro_jet said:

Yeah, I will have been out of the US for exactly a year on July 6 (five more days!). As you said, I have already received a new I-20, and am going to pay for my new SEVIS ID. According to what you said, that should be enough, right (notwithstanding the fact that the CBP may not allow me in)?

 

from what the link is saying and what others have said earlier, it seems like the answer is yes.