F1 student out of status - 8 months

B

beta123alpha

New Member
Entered US in July 2006 on F1 visa.

Academically suspended in May 2007 due to poor grades - got reinstated into the university one week after the start of fall semester i.e. August 2007.

fall 2007 semester: Registered for 9 credit hours (initially) but dropped one course resulting in effectively 6 credit hours (september 2007).

Out of Status since september 2007.

I-20 expired on 15 May, 2008.

Expected Graduation: December 2008.

Not eligible to apply for OPT due to out-of-status.

Questions:
1. Applying for re-instatement to F1 status after 8 months is a good option ? Options & Consequences if denied ??

2. Appearing for visa again in india / canada / mexico. (low expense preferable) after taking a new I-20 from the university


I am considering all these options because I dont want to go back to my home country as I would be graduating next semester and am ready to take anyone of these options whichever goes in my favor with little amount of risk.

Thanks.
 
1. Unlikely that they will reinstate you. If you get denied you have to leave immediately as unlawful presence starts to accrue.

2. They will ask your about your immigration history. Overstaying for 8 month is never good. You should talk to an immigration attorney.
 
1. Unlikely that they will reinstate you. If you get denied you have to leave immediately as unlawful presence starts to accrue.

2. They will ask your about your immigration history. Overstaying for 8 month is never good. You should talk to an immigration attorney.
 
You should expect that you have been or will be reported by your international students office for your failure to maintain status.

Are you even sure that you will be permitted to register or graduate with you immigration issues?
 
yes, i am allowed to enroll for the coursework and graduate - as my international student advisor stated that "i have legal issues which graduate school has nothing to do with - and they would let me graduate".

-- it all started due to the delay in my academic reinstatement to the college which forced me to register courses late i.e. a 9 days after the start of the semester. Meanwhile, in one particular course - 1 or 2 assignments were already made and passed the submission date too. I tried to explain my issue to the professor so that I could submit the missed assignments - however, things didn't work out and i was forced to drop the course cuz that professor's policy is - no A grade if a student misses first 2 assignments. Also, i was stipulated - not to get a C grade during the entire remaining coursework. If I get C then im out of the university. Having low on confidence & seeing the strict policy of the professor - i had to drop the course with an advise from my advisor.

Now, I spoke to few attorneys - and got mixed response. One attorney says that - if college allows me to graduate - then graduate, and apply for OPT like any other sudent. Immigration dept. will definately contact me stating that " you were out of status - support your documentation to prove that you are in-status at the time of application ". At that time, apply for re-instatement i.e. somewhere around December / january - if the re-instatement takes time by the month of april - then u can apply for H1 under general quota and wait.

i need your opinion.

thanks
 
Hey

nscagony said:
1. Unlikely that they will reinstate you. If you get denied you have to leave immediately as unlawful presence starts to accrue.

2. They will ask your about your immigration history. Overstaying for 8 month is never good. You should talk to an immigration attorney.
Click to expand...

Hi, is it possible to apply for EB2 I-140 if he/she has been out of status since 1 year.....?
 
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