retro_jet

The prior question I said yes to was "Do you have a previous F-1 visa (student visa)?"

My prior F1 visa hasn't crossed the expiry date but since I have been outside of the US for almost 2 years I think it's not valid.

Hello,

I am applying for an F1 visa and while filling my CGI Federal profile to book an interview date, it asked me if I have been issued an F1 visa in the past. I said yes and it asked me the following question:

Was your prior F1 visa (Student) annotated “Clearance Received” or “Department Authorization”?
 

What does this mean? In my previous Visa, there is my previous SEVIS number and my previous university mentioned.

Should I answer yes or no?

Thanks in advance.

On 11/27/2020 at 4:25 AM, Coco8 said:

Oh! Got it. You should be fine with the new I-20. What you are doing is basically transferring as a student to another institution. The visa itself is not tied to a particular institution or program, it says you are a student. The I-20 is what you need to keep updated and is essential to keep your status. 

 

From my experience, the people in charge of visas at universities are very experienced. I've been at several institutions and they always gave me the right information. 

 

 

 

I made this thread after I asked one university immigration official. After that, I asked two more. The first officer said, as stated in the original post, that I should be fine if I have a new I-20 and the SEVIS fee paid. The second said that I should technically be allowed in but there have been cases in which students have not been allowed an entry. And, the third officer said that the SEVIS number on the Visa and the I-20 should match, and therefore, asked me against coming with the same Visa.

On 11/22/2020 at 8:55 AM, Coco8 said:

I don't have time to read all the entries, but I don't think you need a new visa.

 

Is the Master part of the same PhD program? If so, you can use the same F1. I did a PhD and I had the same F1 visa, even though the first 2 years were part of a Master program. It seems that for you, it's even the same university, like for me. So no, you don't need another visa.

 

There will be no in person classes Spring 2021 and most likely, even the Fall 2021 will be remote. However, if I had to guess, small meetings would be allowed Fall 2021, because the vaccine should be rolling and restrictions will be less than now; so you will probably want to be in campus by then to meet with your advisors, etc.

 

 

Hi Coco8, thanks for the response. Long story short: I got a 5 year multiple entry F1 visa in 2017. Went to Master's the same year. Returned in 2019. Started PhD in Fall 2020. I think you got these. But the master's was a stand-alone program and not the part of the current PhD. The current PhD is in a different university altogether.

Oops, sorry for a late reply. Thanks, SusieQQQ and aaron2020!

Your points make sense. Being a rather risk-averse person that I am, I'm currently inclined to just take another semester remotely and wait for the visa appointments to open again. Let's see if my risk-averse attitude changes in the future. I'll post more queries if I have any in the next few weeks.

Thanks so much once again 🙂

I'm sorry to resurrect this old thread. So I have a little update and an additional query or two!

I decided to stay back in my home country and take the Fall semester remotely. The international flights have resumed but the embassy has still not resumed taking F1 visa appointments yet.

Given this scenario, I could take the Spring semester online again, but also, I am thinking to just fly to the US with my valid F1 visa.

NOW. From what I've read so far in this thread but also from my communication with other officials, I have a chance of being allowed in the US with my previous visa, but there is still a risk of being disallowed and deported.

So my question is: If I unfortunately get deported anyway, will it hamper my chances if I apply for an F1 visa from my home country in the future when the embassy resumes its normal services? And, also, secondary question: will I have to pay for my flight back home as well, if I get deported?

Thanks so much as always!

I have a friend from India who booked the earliest appointment date possible (October) in Bombay, and tried to arrange an expedited interview date. However, their request was rejected.

11 hours ago, HRQX said:

Where are you right now? Just checking because of the Schengen Area; UK and Ireland; Brazil; Iran; and mainland China proclamations.

I'm in Nepal. Is it included in any of those proclamations, you think?

14 hours ago, SusieQQQ said:

Well - it was a she, the SEVIS was cancelled (not naturally ended), and she said “. I was given a 5yr ban because i didnt have $3k on me to pay for a return ticket. ”  Carmel34 has already advised OP to ensure s/he can show enough funds to comply with the visa requirements, so even if there is a denial of entry a ban for these reasons should not be an issue.

 

Anyway - from all I have seen before on these forums I would certainly  trust that  Carmel34 knows exactly what she’s talking about, and that OP has same advice from both colleges. I think s/he has enough info to decide without further cluttering, so I for one am done here. Wishing him/her all the best for an exciting period ahead.

Thanks so much, Susie, for your thoughts on this, and for making this an interesting discussion.

21 hours ago, carmel34 said:

Take any evidence or documents you can find, such as your plane ticket or boarding pass (if you saved it) from your departing trip, and yes, the immigration stamp when you arrived in your home country a year ago will be good evidence.  Also financial support evidence to show how you'll pay for your four plus year PhD program in the US, and documents showing strong ties to your home country if they ask for it at POE.  Plus of course your old I-20, new I-20, F-1 in your passport.  You may breeze through or go to secondary for questioning, be ready for anything.  Hopefully you can travel to the US from where you are, with all the bans and restrictions and quarantines required it may be tricky but possible.  A PhD is a real adventure, I remember those days with fondness.  Good luck!

Thank you so much! Your posts really helped.

14 minutes ago, carmel34 said:

As I said in my first reply to your post, your F-1 is still valid if you left the US within 60 days of the program end date on your original I-20 for your master's program, 20 August 2019.  Since you left the US before that date, you have not violated the terms of your F-1 visa so it is still valid.  I would suggest that you take evidence of your July 2019 exit date when you re-enter the US in case they ask you about it.  Also the original I-20 from 2017.  It will ultimately be up to the CBP officer at POE to decide whether or not to let you in, but if you have the F-1, new I-20, and SEVIS record for your new PhD program, and they don't have any concerns upon questioning you at POE, you have a pretty good chance of entering with no problems.  Take any documents to show that you have sufficient financial means to pay for a four-year PhD program in the US including housing and living expenses, and that you intend to return to your home country after completing your PhD because the CBP officer may ask you about that.  Since you can't get a new F-1 visa right now anyway, that's not an option, so try using the one you have, which is good for two more years as long as you're following all policies and procedures which it appears that you are with a new I-20 and SEVIS record.  Good luck!

Thanks so much! I missed the part in your last post specifying the program end date as the one mentioned on I-20. Good to know that!

What would count as a proof that I left the US on that date? Will my plane ticket, or the immigration stamp on my home country while arriving in July 2019 count, since the US doesn't provide an exit stamp on passport?

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?

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)?

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.

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. 

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.

11 minutes ago, SusieQQQ said:

This is the general DoS explanation on NIV visa expiration dates (and linked from their student visa page, implying it applies there too). Again, I am wondering what specially about an F visa would make it different. The visa has not expired and the purpose of travel is the same. 

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visa-expiration-date.html

A visa issued for multiple entries (denoted under “entries” with a certain number (2, 3, etc.) or “M” for multiple/unlimited entries) is valid, or can be used from the date it is issued until the date it expires to travel to the U.S. port-of-entry as many times as your visa states, provided that:

-Applying for a new visa is not necessary if your visa has not expired and you have not exceeded the number of entries permitted on your visa.

-Multiple uses of a visa must be for the same purpose of travel allowable on the type of visa you have.

 

I'm not categorically say OP can use it, because I don’t know for sure. I’m just wondering what F-specific factor is different to the general criteria above.

"Multiple uses of a visa must be for the same purpose of travel allowable on the type of visa you have."

Regarding this part: under the 'annotation' section of my previous visa, under some serial number, my previous university name is mentioned. This made me wonder if the "same purpose of travel" mentioned in the above point is violated since I will no longer be attending the same university. However, the university immigration official said that the name mentioned in the visa does not matter because students transfer to different universities all the time.

3 minutes ago, SusieQQQ said:

Well - you haven’t maintained status as you left, so you’d need a new d/s stamp on your next entry. Does she understand that you left for a year or whatever it was?

Yes, she understands it. I just emailed just in case, to which she said (she is being super prompt) that I did maintain status while I was here, and that I can still use the same visa, and that I will get a new stamp on it when I re-enter.

9 minutes ago, SusieQQQ said:

But isn’t that status, which isn’t the same as a visa? I don’t know the answer but if you compare to other non immigrant visas, yes you have to leave when your status expires, but you can subsequently use the same visa for a new entry if it’s still before expiry and allows for multiple entry. I’m not an expert on this at all but I’m struggling to see the basis of what principle a new visa would be needed.  The I20 would be the basis of the status on the next entry. Is it something to do with leaving the country in the interim, because in my understanding someone normally changing from one college to the next  in the following academic year for a further degree does not need a new F1 visa? (Or is my understanding wrong on this?)
 

 

Your response is very much in line with the university immigration officer's response. I just emailed her about the significance of the "d/s" note on my immigration stamp, and she responded this:

"This is good – you want that stamp! It means as long as you maintain the F1 Status, the visa will continue to be eligible for you."

This is making me even more confused, hahah

10 minutes ago, NancyNguyen said:

Check your passport you will see it. When you came first time, it was stamped D/S, you were authorized to stay during your master program.

Ahhh, I see. I did get an immigration stamp with "d/s" written on it. I didn't know the significance of that. Thanks!

8 minutes ago, NancyNguyen said:

You had a 5yrs visa but your status was "D/S = Duration of Stay" aka your master program. You finished it and left so you can't use that visa again for new program.

Thanks, Nancy. How do I find out if the visa was D/S? Or, is it the same for all F1 visas?

Thanks, milimelo. Any reason you'd say that?

Do you think the immigration officers at both the universities are missing something?

For now, those who said.....

....I don't need a new visa: My previous university international office official; my new university international office official

....I need a new visa: the US embassy, and you

I'm soooo confused 😕