F1 Restamping and OPT: Urgent

Serenitude

New Member
Hello,

I am a Ph.D. student finishing my program at a MidWestern University in the US. The research took longer than expected, and during this time the Visa stamp and my passport expired. I have not seen my family in several years, and was hoping to visit them in India this summer after graduation and before my OPT started, but I was told that if I went home after graduation, I would run a very high risk of being denied the Visa for re-entry for my OPT since the OPT apparently is a privilege and not a right under F1 laws. Even though I can prove that I have every intention of going back home (setting up my own organization and applying for related jobs in addition to entire family who have no interest in leaving their nests back home), if I were to go during the OPT period, I could be denied a Visa on the grounds that I had finished the program.

It was suggested to me that it would be much safer if I were to go home before my Oral Exams. I do not want to run the risk of not being able to come back for my orals or final thesis submission after slogging for so many years in the program.

The third alternative (which is also the safest, and hence the most painful) is that I stick it out till I get a job that sponsors my H1B or wait till I complete my OPT. I really don't think I would survive if I were not able to see my family for another almost two years.

What do you experienced gurus suggest I do?

Thanks a lot.
 
I am going to be in the same boat this August. My F1 visa expired July 2006 and the last time I saw my family was back in Jan 2006. I consulted Carl Shusterman and he advised that I stay in the US until April 2008 until my H1b is approved or take a chance and go to the consulate outside the US and get the Visa. Isn't there any way to go to any consulates within Canada or Mexico and get the new Visa? Thanks.
 
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