my out-of-status question for Raj1994. urgent!

Q

question539

New Member
hi,
Raj1994, in last year(2001) I applied for reinstatement for my F1 visa. In August of 2002 I graduated from school and got my MS degree, but now my case is still pending in INS. And I do not want to wait for decision from INS any more, so I decide to leave USA now. My questions are as followings:
1. are there any consequencese for my future visa applications to USA ?
2. will I be denied to enter US within 10 years if I leave now?


thanx!!!
 
Dont know. However note that for F1 with a D/S on the I-94 card, unlawful presence does not start unless the INS makes an official determination (unlike H1, when it automatically starts after I-94 expires). Also note that generally any I-539 application is abandoned if you leave the country. Have you asked the school official?
 
Questions about my reinstatement

My previous school (for BS) told my second school (MS) that I was out-of-status before the second school is about to issue me a new I-20.

The reason is that the last semester I took only 2 credits (last 2 credits required for my graduation) through online-courses(allowed by the university), later, I was told by the school that I need to physically present to the class, I was still in school preparing for GMAT, and also I took the final exam required for that class.

I applied reinstatement by the suggestion of the second school in March 2001, and in Sep 2001, the INS informed me that my case was transfered to San Francisco. That's where my case is still pending.

I have transfered to another university and finished my MS by Auguest 2002. For the same reason, this university didn't issue me an I-20 neither, since they were all waiting for the decision from INS regarding my reinstatement

The problem is that after graduation, I have only 60 days left for my F1. There is a company willing to apply H1B for me, but the problem is that I don't have I-20.

My questions are:
1) what is the chance for my reinstatement get approved? Any way to speed it up? it has been almost 1 year, I just checked the local INS office, they said it is still pending, but the JIT shows 07/26/02 for I-539.
2) What are the options for me? Seems I can't do anything other than wait, but even it gets approved, I will be out-of-status as F1 after my graduation.
3) I have booked ticket to leave, but don't want to cause problems for me to come back later.

your comments are more than welcome! Sorry to take your time!
 
You are allowed to register for a lighter load under some circumstances. Your first school need not have created this situation in the first place.

If there were no other issues, then reinstatement should go through fine. Have you tried talking to the INS office in San Franscisco directly explaining the need for urgency? I would consult an good attorney to sort this one out.
 
Also what is your field of study? Are you in one of the technology alert list - see travel.state.gov and links therein (e.g. nuclear engg)? Your citizenship might also matter.
 
thanks for your reply!

Hi Raj1994,
my MS degree is computer science. And recently I went to San Francisco to meet one INS officer, he told me that my case is still pending.
anyway, I am planning to go back to China soon. What I concern now is that how my pending case will affect my future visa issues what if I will apply for any kind of US visa in China? Will I be prohibited to enter US within 10 years?
I appreciate your answers and times.

Cordially
 
Here there are two things:

1. Your stay within the past year. If you leave the US now, you might be able to argue that since you had a petition pending with the INS, your stay was legal.

2. Your out of status during your BS: If you leave now, then your reinstatement petition is abandoned. In which case this out of status thing will remain in place.

But, not having a valid I-20 is a cause for concern. The INS could argue that since your reinstatement never came through (if you leave now), your subsequent stay was illegal, leading to 1+ year of overstay. I once again recommend an attorney consultation. Best thing is to get the reinstatement right? Then you have no issues.
 
f1 to h4 transfer!

Hi Raj1994,

I got a question for you. Do you know what kind of paper works I need to fill to tranfer F-1 to H-4? Please list them if you knew.

I am in H-1B, our company has filed I-140 for me, but our case is in pending now, my wife is in OPT, it will expire on Dec 20 of this year, for safety reason, we decided to change her status from F-1 to H-4, but I don't know how to do it by myself.

Thanks for you reply.

Peter
 
Just file form I-539 with supporting details before the OPT expires. See http://www.ins.gov/graphics/formsfee/forms/files/i-539.pdf and instructions therein for documents needed. She would also need proof of having maintained F1 status at the time of filing (e.g. copy of OPT card, I-94 copies front and back, I-20 copies). Your I-140 should not affect her F1 to H4 change of status.
 
Thank you Raj1994

Good morning Raj1994,

Thank you very much for your reply, they are very useful.

Have a nice day!

Peterli
 
You must log in or register to reply here.
Top