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Chances to get approval for re applying process for F1 visa.

Fremont, CA |

Hello SIr/Madam,

I finished MS in computer engineering in dec-2010. From february 2011 I started working with a company on OPT. I finished 12 months of OPT and than I came back to india as I did not STEM-extension as my university delayed my paperwork. So I came back to india in last January. Now I want to apply for student visa again on i20 of UCSC-extension. So can you tell me for which things, I need to concern more? what are the chances I will have to get approval?

I do not have I-94 stamped on my passport as while I was flying back to india, lady works in air-line took it away form passport. Though I have copy of it. Another question: if I will apply in the my past university, where I have finished my graduation in Dec 2010, than also Do I need to apply for F1 visa again? I guess SEVIS number will be the same but only thing is I am out of status on F1 visa.

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Attorney answers 3

Best Answer
Posted

If you are in India, you need to get a new I-20 and apply for a new visa. If you are currently here in the US, speak with the DSO, also known as the Foreign Student Advisor, as to how you may proceed. You may also wish to speak with an experienced immigration attorney.

This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. A consultation with an experienced attorney is always the best way to go.

Asker

Posted

can you please provide the information for my "another question"?

Eugene J. Glicksman

Eugene J. Glicksman

Posted

Since you graduated, completed your course of study, had 12 months of OPT and left the US, you will need a new I-20 and F1 visa to return to the US.

Asker

Posted

DSO said, I will need only valid I20 as I am applying for new program in the same university from where I did my masters. So I only need I20. Thanks for comments Mr.Eugene, Mr.FJ and Mr. Ferrari

Posted

Your facts, as you describe them, appear to be OK. Talk to the foreign student adviser at the new school ... they are quite helpful.

www.capriotti.com -- franco@capriotti.com -- Senior Legal Counsel -- Capriotti International Law -- Legal disclaimer: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship. Contact the American Immigration Lawyers Association www.aila.org for a referral to an experienced immigration attorney.

Posted

In order to be issued an new H-1B visa, you need to have a valid I-20 and the funds to fund your studies.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.