Abhishek66
New Member
I am reaching out to you for your opinion to re-enter the USA for my PhD. My EAD expired on Jan 18, 2024.
I completed my masters in CSU Sacramento in 2020. I used my CPT and OPT entirely. I was working with Intel as you can see in my profile. Unfortunately I was not picked up in H1b and so I left the USA on June 15, 2023(far before my EAD expired) and entered Vancouver, Canada. I was still working for my USA employer remotely from Canada until Jan 18.
Now I am in India for family reason leaving Canada. I am planning to go back to USA for PhD so that I can get agsin all the CPT and OPT benefits. But the problem is Intel already filed my I-140 while I was working in Intel in 2022 and it’s already approved. Now if I apply for F1 visa for my PhD and apoear for the interview at USA consulate offitin India, they will instantly cancel my F1 visa when they would see that I already have an approved I-140.
So, I am in trouble. I don’t know what to do. Would you kindly help me out in this situation by passing your opinion? One strong point I have that, I left the USA far before my EAD expired and so I can convince visa officer that I didn’t have any intention to stay permanently in the USA and so I left the country far before my EAD expired. I had to apply for I-140 as it was mandatory as per the company policy, otherwise I might have lost my job back in 2022. So I didn’t have any other option rather to apply for I-140.
This is my thought. I don’t know whether it would work or not. Kindly help me.
I completed my masters in CSU Sacramento in 2020. I used my CPT and OPT entirely. I was working with Intel as you can see in my profile. Unfortunately I was not picked up in H1b and so I left the USA on June 15, 2023(far before my EAD expired) and entered Vancouver, Canada. I was still working for my USA employer remotely from Canada until Jan 18.
Now I am in India for family reason leaving Canada. I am planning to go back to USA for PhD so that I can get agsin all the CPT and OPT benefits. But the problem is Intel already filed my I-140 while I was working in Intel in 2022 and it’s already approved. Now if I apply for F1 visa for my PhD and apoear for the interview at USA consulate offitin India, they will instantly cancel my F1 visa when they would see that I already have an approved I-140.
So, I am in trouble. I don’t know what to do. Would you kindly help me out in this situation by passing your opinion? One strong point I have that, I left the USA far before my EAD expired and so I can convince visa officer that I didn’t have any intention to stay permanently in the USA and so I left the country far before my EAD expired. I had to apply for I-140 as it was mandatory as per the company policy, otherwise I might have lost my job back in 2022. So I didn’t have any other option rather to apply for I-140.
This is my thought. I don’t know whether it would work or not. Kindly help me.