Abhishek66
New Member
Hi Rajiv Sir,
I completed my masters in the USA in 2020. I used my CPT and OPT entirely. 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.
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 again all the CPT and OPT benefits. But the problem is my past employer already filed my I-140 while I was working with them and it’s already approved. Now if I apply for F1 visa for my PhD and appear for the interview at USA consulate office India, they might cancel my F1 visa when they would see that I already have an approved I-140.
Would you kindly help me out in this situation? Two strong points I have that, I left the USA far before my EAD expired and I didn't choose the day1 CPT option either. 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 the USA in 2020. I used my CPT and OPT entirely. 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.
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 again all the CPT and OPT benefits. But the problem is my past employer already filed my I-140 while I was working with them and it’s already approved. Now if I apply for F1 visa for my PhD and appear for the interview at USA consulate office India, they might cancel my F1 visa when they would see that I already have an approved I-140.
Would you kindly help me out in this situation? Two strong points I have that, I left the USA far before my EAD expired and I didn't choose the day1 CPT option either. 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.