F1 Visa Renewal and SEVIS Fee

[horowitz]

Hi,

My F1 Visa expires on July 6, 2009. I am in Mexico right now (I am a citizen of Mexico) and I plan on entering the US in August for doing post-completion OPT. My first question is, if I apply for the new F1 visa after July 6, does this qualify as a "visa renewal"? Does it matter that my F1 visa is expired at the moment I apply?

Second, I already have the EAD and the OPT start date is July 17. Does this mean I have to apply for the visa after July 17, or can I do it now?

Also, do I have to pay the SEVIS fee of $200 in this situation? I looked at "SEVIS I-901 Fee Frequently Asked Questions" but it was not clear to me whether I need to pay it or not after reading all that, especially because I don't know whether I am a "continuing student" or not. I already graduated and will be doing post-completion OPT. My initial I20 was given in 2005. Do I need to pay the fee? Even if I technically don't have to, is there any risk that the official thinks I need to pay it, and hence denies the visa? I ask because the Monterrey consulate web site says you need to pay the fee, but it doesn't specify any details. I don't want to risk it but I also don't want to waste 200 dollars.

Lastly, is there a high risk on applying for an F1 visa in this situation? I already have my EAD and I have an offer letter from my employer. What sort of questions can I expect, and what do I need to have to be absolutely prepared? Any threads of previous experiences in this situation would be helpful.

Many thanks.

 

[HKAndy]

You Post Graduation OPT is part of the F1 you are on now, so you should not have to pay the SEVIS fee again. The SEVIS fee is for using the system, not for obtaining an F1 visa. I believe you can ask a question on the page you found about the fee information. But I think you are safe.

Before you go and apply for a new F1, when did you leave the USA? Also, did you KEEP your I-94 with you when leaving the USA? If you left the USA for less than 30 days to Mexico AND KEPT the I-94, you can re-enter the US with an expired visa. Otherwise, you have to get a new one at the embassy.

You can apply for your F1 visa now. You are considered in-status (assuming you have not violated any other term) and you can come back to the US to continue your studies, including the OPT anytime you want. You I-20 MUST be valid and in effect and be signed within the last 6 months by your DSO.

As for leaving and re-entering the US ahead of OPT. Since you have you EAD and a job offer (with the letter as evidence), you should be ok. The embassy, if they ask any question would be about the relationship of your job and your degree, and to probe if you have any intent of becoming an immigrant based on the job. Remember, you are still on F1, an non-immigrant visa, and you have to demonstrate that you WILL return to Mexico at the end of your OPT. That means, no cap-gap talk or H1, nothing.

Don't volunteer information and don't predict the future (unless you have a pending application of another visa with the USCIS).

These are my opinion only and not legal advice. Please use at your own discretion and peril.