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H1B denied - want to switch to F1

San Jose, CA |

My H1B has been denied and my OPT ended on July 29th.
1) Is there any way I could use my I-94 for my last F1 visa in order to stay in the country and to switch to a new F1? The old F1 visa stamped in my passport is valid until 2017. Since I have already been on F1 for a while I am not sure if I can get another F1 if I apply in an embassy.
2) If I did manage to switch, can I reenter the country with old F1 stamp? Does the fact that I have the name of my old school printed in the visa will matter (I would not be enrolling with the same school now)?

Attorney Answers 4


  1. With the end of OPT and denial of H-1B, your status ended. If you wish to go back to school, you will get a new I-20 and then re-enter in F-1 status.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.


  2. My colleague is correct ...you need to leave the US as soon as possible.

    Go apply for a new F-1 at the US Consul in your homeland and return to the US.

    You can talk to the foreign student adviser at the new school, when you get your new I-20, as to whether or not your old visa stamp and old SEVIS records can be used.

    ,

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  3. I think you posted this question earlier. You need to leave the U.S. since your status has ended. Your F1 visa is not valid for entry to the U.S. if you don't have a valid underlying I20. You can talk to the school about extending your I20.

    Due to the nature of this forum, I often do not have all the information required to provide legal advice. Accordingly, my responses on Avvo are intended as general and not legal advice.


  4. Yes, leave the U. S. with your new I-20 and old I-20 endorsed for transfer. If you already have a valid visa in the F-1 classification but with a different school just show the new I-20 at the Port of Entry and they will annotate your visa with the new school.

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