Hey guys,
Can anyone give a suggestion/advice on my situation which is as follows: (its bit lengthy as its exactly what happened!!)
I entered US in jan 2006 on F1 visa for Masters.Everything was goin fine, I studied, worked on campus, got good grades until the final semester.I had to complete 30 credit hrs to complete the Masters.In Jan 2007,I registered for courses making a total 30 credit hrs, thus satisfying the MS criteria. Hence I applied for graduation. But, unfortunately at the end of last sem (may 2007) I got a 'C' grade in 600 level course. When I went to my Dept advisor to check if I was good to graduate, she said I cannot graduate in May 2007 as I got a C grade in core course and it doesnt satisfy MS criteria (making total two C grades bcoz I already had one in previous sem).
She said, I had to register for same or equivalent 600 level course in next sem & they would eliminate one of the C grades in order to graduate.I told her that I already applied for graduation as I had my 30 credits done,& asked if I should cancel that.
She said, it wont matter as I cannot graduate unless i eliminate one C grade.So, I talked to my professor for enrolling a independent study in summer 2007 sem, he asked me to register in fall 2007 sem instead as he was a bit overloaded with students in summer.
So i didnt register in summer 2007 and it was okay as international students have an option to register or not to register in summer sem.
Then in fall 2007 sem i failed to register for class as my head of department didn't approve my independent study (though my professor signed and approved my independent study which i wanted to register). I asked the head of Dept why he didnt sign my independent study, but he gave no reason for that(may be the professor i wanted to work with was under scrutiny by university). So, my advisor told me to talk to international center and apply for some candidacy or anything as i didnt register for class.Now i wasnt sure of my status, and i wanted to apply for candidacy or OPT, but i found out from the international center in school that i was out of status instead, and i ve been awarded a masters degree in May 07 itself!!
I rushed to my graduate advisor and told her of this. She was surprised to see this and asked me to talk to Graduate school as they were responsible for awarding degree.So, I talked to people in graduate school, and told them that they shouldnt have graduated me in may 07 as I had to take one extra course. they said that they didnt recieve any confirmation for holding the degree from the Engg Dept. Also, they said that my cumulative GPA was above 3.0 including the C grade i recieved in spring 07 sem, hence they filed me under early graduation as it sufficed the MS criteria.When i told them that it was a mistake from Dept that the advisor didnt inform graduate school, they said blatantly that now they cant do anything as the degree is awarded, and they wont cancel it as they dont see a strong reason for it. They asked me to go to international center for further enquiry as they had passed my case to them.
i told international center that i need to have an OPT or any kind of extension, or I ll have to leave US. They said that they have closed my file, sent the sevis back to INS as i had graduated. They sent the SEVIS on July 12th 2007. So they say i was out
of status from that day. And they asked me to make arrangements for departure as i was not in any status.
So, i went to a lawyer and told him all this, he said that i was out of status but I havent accrued any illegal days so far as the INS didnt send me any letter or anything.he asked me to sue the school. I didnt agree with that as i was afraid that bcoz by doing so i wud be on INS's radar.
I talked to a few more lawyers and consultants, they said that they can work it out. few ways to overcome the situation were applying to new school, get new I20, or get married to a US citizen, or apply for H1 with non cap employer.
But time went on and i was getting frustrated as anything i wud try was in illegal way.
i didnt recieve any kind of notice from DHS or INS till date. And I didnt file for any kind of reinstatement or anything. So was I unnoticed by INS? I didnt do any law breaking entire time I was in US.
My visa is valid until dec 2010(which i know isnt any good as visa is required only to enter US), I 20 valid till dec 2009( i asked for the copy of sevis to international center which they sent back to INS, and i saw that they had changed the date on it to 2007 by a ink pen, thus overwriting 2009 printed on it).
But i returned to my home country after being out of status for 8 months.
I submitted the I94 at JFK while leaving. I left US bcoz things were not working out, and i didnt want to complicate things if I was to re-enter US in future.(& also i was afraid of the 3/10 year bar if it was applicable to me)
So, Do you all experts have any advice on this situation. I want to come back to US with a new visa, an H1 ( I can apply under the masters quota as i have a US degree), or i can apply for a new F1 visa (PhD or Masters).
my questions are:
Will this situation affect my reentry? (in what way?)
Will the 3-10 year bar apply to me?
I did nt file for re instatement, or the judge didnt rule me out or didint order me to leave. I never ever recieved any kind of notice from school, DHS, or INS or anyone. I wasnt deported.
So, have i accrued any illegal days?
Please reply.
Thanks in advance.
Can anyone give a suggestion/advice on my situation which is as follows: (its bit lengthy as its exactly what happened!!)
I entered US in jan 2006 on F1 visa for Masters.Everything was goin fine, I studied, worked on campus, got good grades until the final semester.I had to complete 30 credit hrs to complete the Masters.In Jan 2007,I registered for courses making a total 30 credit hrs, thus satisfying the MS criteria. Hence I applied for graduation. But, unfortunately at the end of last sem (may 2007) I got a 'C' grade in 600 level course. When I went to my Dept advisor to check if I was good to graduate, she said I cannot graduate in May 2007 as I got a C grade in core course and it doesnt satisfy MS criteria (making total two C grades bcoz I already had one in previous sem).
She said, I had to register for same or equivalent 600 level course in next sem & they would eliminate one of the C grades in order to graduate.I told her that I already applied for graduation as I had my 30 credits done,& asked if I should cancel that.
She said, it wont matter as I cannot graduate unless i eliminate one C grade.So, I talked to my professor for enrolling a independent study in summer 2007 sem, he asked me to register in fall 2007 sem instead as he was a bit overloaded with students in summer.
So i didnt register in summer 2007 and it was okay as international students have an option to register or not to register in summer sem.
Then in fall 2007 sem i failed to register for class as my head of department didn't approve my independent study (though my professor signed and approved my independent study which i wanted to register). I asked the head of Dept why he didnt sign my independent study, but he gave no reason for that(may be the professor i wanted to work with was under scrutiny by university). So, my advisor told me to talk to international center and apply for some candidacy or anything as i didnt register for class.Now i wasnt sure of my status, and i wanted to apply for candidacy or OPT, but i found out from the international center in school that i was out of status instead, and i ve been awarded a masters degree in May 07 itself!!
I rushed to my graduate advisor and told her of this. She was surprised to see this and asked me to talk to Graduate school as they were responsible for awarding degree.So, I talked to people in graduate school, and told them that they shouldnt have graduated me in may 07 as I had to take one extra course. they said that they didnt recieve any confirmation for holding the degree from the Engg Dept. Also, they said that my cumulative GPA was above 3.0 including the C grade i recieved in spring 07 sem, hence they filed me under early graduation as it sufficed the MS criteria.When i told them that it was a mistake from Dept that the advisor didnt inform graduate school, they said blatantly that now they cant do anything as the degree is awarded, and they wont cancel it as they dont see a strong reason for it. They asked me to go to international center for further enquiry as they had passed my case to them.
i told international center that i need to have an OPT or any kind of extension, or I ll have to leave US. They said that they have closed my file, sent the sevis back to INS as i had graduated. They sent the SEVIS on July 12th 2007. So they say i was out
of status from that day. And they asked me to make arrangements for departure as i was not in any status.
So, i went to a lawyer and told him all this, he said that i was out of status but I havent accrued any illegal days so far as the INS didnt send me any letter or anything.he asked me to sue the school. I didnt agree with that as i was afraid that bcoz by doing so i wud be on INS's radar.
I talked to a few more lawyers and consultants, they said that they can work it out. few ways to overcome the situation were applying to new school, get new I20, or get married to a US citizen, or apply for H1 with non cap employer.
But time went on and i was getting frustrated as anything i wud try was in illegal way.
i didnt recieve any kind of notice from DHS or INS till date. And I didnt file for any kind of reinstatement or anything. So was I unnoticed by INS? I didnt do any law breaking entire time I was in US.
My visa is valid until dec 2010(which i know isnt any good as visa is required only to enter US), I 20 valid till dec 2009( i asked for the copy of sevis to international center which they sent back to INS, and i saw that they had changed the date on it to 2007 by a ink pen, thus overwriting 2009 printed on it).
But i returned to my home country after being out of status for 8 months.
I submitted the I94 at JFK while leaving. I left US bcoz things were not working out, and i didnt want to complicate things if I was to re-enter US in future.(& also i was afraid of the 3/10 year bar if it was applicable to me)
So, Do you all experts have any advice on this situation. I want to come back to US with a new visa, an H1 ( I can apply under the masters quota as i have a US degree), or i can apply for a new F1 visa (PhD or Masters).
my questions are:
Will this situation affect my reentry? (in what way?)
Will the 3-10 year bar apply to me?
I did nt file for re instatement, or the judge didnt rule me out or didint order me to leave. I never ever recieved any kind of notice from school, DHS, or INS or anyone. I wasnt deported.
So, have i accrued any illegal days?
Please reply.
Thanks in advance.