F1 rejected after completing Undergraduate degree on F1

Nitis

New Member
Hello,

I recently went to the US consulate in New Delhi to get a F1. It was denied. Following is some information and history about me.

I was issued a F1 visa in Dec 2001 to attend one of the California State University campuses for a Undergraduate degree in Finance. Left for US in Jan, 02. I finished my degree requirements in 07 and applied for OPT, which was granted. During this time frame i had been back and forth to India 5 times with a stay varying from a month to 3 in summers.
I was employed on OPT. Worked for about 9 months on my OPT and decided to go to graduate school. Since i did not have enough time while being employed, i applied for a Pre-MBA program at CSU,Hayward which would allow me to take 2 core MBA classes and prepare me for the GMAT. The duration of the program was 6 months. The completion would have admitted into the MBA program.

Once i was issued a I20 for the PRE-MBA program which was valid for 6 months, i went to the consulate.

Following were the questions asked to me and how i responded.

Q. What have you been doing as a student since 2001(Visa issued in Dec 2001, left in Jan 2002). That is a considerable long time.
A. I finished my undergraduate studies and i was working on my practical training, which is still valid at the moment. The stipulated time given to me to complete the degree was 6.5 years and i finished it well within the time frame.

Q. What do you want to go back for now?
A. Pre-MBA

Q. What is Pre-Mba? ( with slight agitation)
A. An intense program to prepare me for the GMAT test, while i can take 2 core classes at the same time.

Q. Are you single?
A. Yes.

Q. What do you plan to do in India after finishing your degree.
A. I plan on working for my dad.

Q. What does your dad do?
A. He is a real estate developer and rents out property.

I'm sorry, i cant issue you a visa.
The rejection was based on 214(b).

Since then i have taken my GMATs and should be receiving I20's for a full course of MBA study. I plan on reapplying once again in Dec.

I would appreciate if i can get some input on my case and suggestions on why the visa was rejected on 214(b).
 
An undergraduate degree in finance should have prepared you for taking the GMAT without a prep course and entry into the 1 year version of the MBA program.

Applying for this program was ridiculous; if you had reasonable undergraduate credentials you should have been able to pass the GMAT within the 9 months of getting a BBA (BA/BS in business) by walking into the test and sitting down.

You do not appear to be doing anything but stalling for time to live in the US - therefore the 214b.
 
Thanks for the response. I am expecting to receive my I20 for the full course of the MBA program. What are your suggestions on reapplication for f1.
 
The university has different standards than USCIS.

Based on your brief history, I have no suggestions since I do not believe you should be issued a visa.
 
Mr. Concerned4us, why do you believe i should not be issued a visa. Please do not bring out your personal opinion here. I asked you for an answer based on the mentioned facts and did not ask you to equate things.
What is the whole purpose of this forum? to encourage people to discuss your problems or equate things? I haven't done anything illegal in US. Have stayed their and obtained education within the legal limits.
 
Mr. Concerned4us, why do you believe i should not be issued a visa. Please do not bring out your personal opinion here. I asked you for an answer based on the mentioned facts and did not ask you to equate things.
What is the whole purpose of this forum? to encourage people to discuss your problems or equate things? I haven't done anything illegal in US. Have stayed their and obtained education within the legal limits.

The Embassy stipulated that your are applying for this program just to stay in us. If your new I-20 is issued on the new program you can apply again and you have to demonstrate extensive ties to India while in your case it is hard as you have been in US for almost 6.5 years. Usually BS/BA take 4 years. Also, your age and what employment you will have after the finishing you studies will have a great impact on application.
 
Thank you for your response.
Taking 6 years to finish opt and my undergraduate coursework includes an accumulated vacation time for about an year(back in India).
I will be inheriting a sizable estate from my parents, which i can document pretty well along with a solid bank balance. Does this help the tie concern?
 
Sk28, taking 6 years (5 years undergrad + 1 year OPT) is not unreasonable. Normal undergrad takes 4 years, plus 1 year OPT = 5 years, so he only took an extra year at the most, which is not unreasonable.

Nitis, the fact that you were denied the first time was because of the pre-MBA class, which frankly made no sense. Now that you are going for a full MBA program, which is a Master program, you should try again. If you were to go back to get yet another undergrad degree, then getting another F1 will be a lot harder!

Keep in mind we are assuming that he did not overstay, so hold your judgment about whether Nitis should be granted another F1.
 
The OP's new visa was rejected under 214(b). The consul is not convinced the OP will return. It really does not matter if the OP took 4,5 or 6 years to complete his first degree.

Sk28, taking 6 years (5 years undergrad + 1 year OPT) is not unreasonable. Normal undergrad takes 4 years, plus 1 year OPT = 5 years, so he only took an extra year at the most, which is not unreasonable.
 
The OP's new visa was rejected under 214(b). The consul is not convinced the OP will return. It really does not matter if the OP took 4,5 or 6 years to complete his first degree.

Sure, I see what you are saying, but I am writing in response to:

The Embassy stipulated that your are applying for this program just to stay in us . . . it is hard as you have been in US for almost 6.5 years. Usually BS/BA take 4 years.

Apparently, it does matter as taking 6 years to finish an undergrad was perceived in this thread as taking too long to finish the degree. I am merely saying it is NOT unreasonable. The OP's visa was denied mostly because of the "pre-MBA" nature of this 1 year program, which we all agree seemed rediculus.

As such, he has better chance now that he has gotten into a real MBA program.
 
The OP is entering a graduate program. I have 2 observations about the seriousness of his study.

Students with the aptitude to undertake graduate study usually finish with a surplus of hours in 4 years rather than requiring an additional year to complete the program.

An undergraduate business degree includes the basic business classes that are taken by non-business undergraduate degree students during their first year. Non-business undergraduates frequently take the GMAT without the need for a prep course. They certainly would not need a year of prep classes.

These facts lead me - and likely the VO -to believe that the OP is not a true student but is using the F1 visa as a way to live in the US.
 
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