Help with my F1 visa

suzanne4, RN · Jul 10, 2008

If you used the OPT for the Bachelor's degree, you cannot use it with a two year degree to follow.

If your F-1 visa is not current, then you cannot be considered for the OPT, nor can you enter the US again if you do not have a visa in hand. If you did not leave the US and remained as a full-time student, then the visa actually remains current, it goes by the I-94 that was in your passport.

But now you need to apply for a visa to be able to return to the US and that is not going to be automatic for you, even with you accepted into a program. You also need to be aware that going to school in the US does not give you any preference with getting the green card, and even if you would get the OPT, no visas afterwards means that you would need to leave the US. And not sure which is your home country but you need to be aware that the two year degree is not accepted in all other countries for licensure and immigration.

I would seriously rethink what you are planning to do.

But you cannot even return to the US with an expired visa.

Proverbs 16:3 · Jul 11, 2008

Here's what i can tell you based on what someone i know did. i haven't spoken to him in a year. But anyway, he had a visa that was about to expire. he went to his home country, came back the very day the visa was supposed to expire. The customs guy at jfk looked at him, smiled and shook his head (this is what my friend told me).

Anyway, he had his original visa for 2years to go to community college. He came back, started a 4-year college and started OPT last year. I guess i need to call him and figure out what he's gonna do once he's done with OPT.

Heres the deal. If your F-1 visa expires when you're still in school, you are legal. If you do leave this country, then you have to get a new visa before coming back. It's up to the embassy to decide what happens although i think going back to a different community college definately raises some eyebrows. In terms of getting another visa, that is totally dependent on the embassy. One big thing is you need to prove you'll go back to your country when you're done. And considering you've had extensions in the past, i'm sure there'll be questions like "what the heck are you still doing here if you couldn't get a degree in blank years?" I'll tell you some people at the embassy know "students" who come here and just jump from juco to juco and they can be very strict if they think you aren't what you say you are. Strict as in denial...but if you have all your documents and letters from your school, you'll prolly get it if you apply. But 10 years with an outcome a 2year degree is definately gonna raise big questions.

If you want to avoid these questions, come back into the country before your visa expires and make sure you're still in school so you'll be in status. Remember, USCIS tracks students via SEVIS. I wouldn't advise anyone to overstay their visa because it makes lowers your chances when you go to get a visa again. If you have to come back and finish school and not need a visa again, then get back here before it expires.

Oh, if your in school and your visa has expired, you can still get OPT. Provided you're in status, that is, you have an i-20 that states blank and blank is enrolled in blank school in blank program that starts from blank and ends on blank date. Now when that OPT gets done, that is a whole different story.

suzanne4, RN · Jul 11, 2008

Do be aware that even if your F-1 or I-20 is curently valid, it is still up to the official at your port of entry as to if you will be permitted to enter with that visa, especially since it is close to expiring. They have the right to make the final determination as well.

And also remember that your passport needs to be current as well, so that may mean getting a new passport and therefore a new visa first. If your passport expires while you are here, then you are out of status immediately and it is always easier to get it done in your home country first.

Proverbs 16:3 · Jul 11, 2008

Umm....i didn't even think of the passport thing. If the passport expires and the person has a valid 1-20, they will need a new valid passport. They'll have to carry the two passports if the visa in the old one is current. if they have an expired visa, valid i-20 and an expired passport, they'll just need the new passport though it's good to carry have both of them on hand.

If your country has an embassy here, you may be able to get a passport from them.

If you do go out of the country, you'll have to get a new visa in the new passport even if you have 10years remaining in your old passport. If your visa in your old passport has expired, you'll have to apply for a new f-1 visa.

suzanne4, RN · Jul 11, 2008

They already have stated in their opening post that they are not in the US at this time and are back in their home country, that is why I gave them the information that I did.

bhutanpride24 · Feb 18, 2010

heyyy, i heard about your situationnn anddd i just wanted to tell you that i have a g4 visa which means i cant even apply for nursing program and i am getting soo ******. any how, my parent works with U.N, so i am currently awaiting my F1 status or a permanent resident, but my lpn due date application is before march and i dont think i will recieve it by then. :uhoh3: