F1 to H1b to Old F1

[amrinder86]

Question: Can I use old F1 visa ( Valid June 2016) and re enter US on new I 20 with another university. Is there is any time gap.

 

Situation : Entry in US : July 2011 - Graduated Dec 2012 - then worked on OPT and got H1b approved - So my H1b got activated on Oct 2013 - Came to Canada in November 2013 for H1b stamping - Got 221g and still under admin processing. I am struck in canada. Can I re enter US with new I 20 using old F1 visa which is valid till June 2016.

 

Thanks

 

 

[rahul412]

Question: Can I use old F1 visa ( Valid June 2016) and re enter US on new I 20 with another university. Is there is any time gap.

 

Situation : Entry in US : July 2011 - Graduated Dec 2012 - then worked on OPT and got H1b approved - So my H1b got activated on Oct 2013 - Came to Canada in November 2013 for H1b stamping - Got 221g and still under admin processing. I am struck in canada. Can I re enter US with new I 20 using old F1 visa which is valid till June 2016.

 

Thanks

Getting new I20 takes 3-4 months. Moreover, you have attended H1 visa which is clearly a COS, so your F1 will be cancelled by the embassy during the interview.

[amrinder86]

Getting new I20 takes 3-4 months. Moreover, you have attended H1 visa which is clearly a COS, so your F1 will be cancelled by the embassy during the interview.

But my F1 was not cancelled by US Consulate.

[JoeF]

But my F1 was not cancelled by US Consulate.

Since it is more than 5 months since you went on H1, you would have to get a new F1 visa. The old visa is no longer valid.

[rahul412]

But my F1 was not cancelled by US Consulate.

If you have a valid visa then you can enter into US. But I am not sure how things work in your case.

[rahul412]

Since it is more than 5 months since you went on H1, you would have to get a new F1 visa. The old visa is no longer valid.

why new visa again when the old visa is still valid and not cancelled?

[pontevecchio]

Any 5 month delay means a new F1 visa is needed.

[JoeF]

why new visa again when the old visa is still valid and not cancelled?

It's the law.

After 5 months not in F1 status, an F1 visa becomes invalid. That is automatic, and the date printed on the visa doesn't matter.

The visa is invalid. Period.

[amrinder86]

It's the law.

After 5 months not in F1 status, an F1 visa becomes invalid. That is automatic, and the date printed on the visa doesn't matter.

The visa is invalid. Period.

But 5 Months are not over. I still have 20 days left and I have the new I 20.

[aby31]

hi,

 

I have similar Case, completed master from non-accredited, for profit University( biggest mistake of my life) in May 2011. Applied for H1 in 2012 , got it approved till Jan 2014. Applied for H1 extension, petition still pending with USCIS and got a letter recently for intent of denial because University is not accredited, asked for a reply before may 8th 2014.

 

My student Visa has expiration date of Aug.2014 - and fro above answers I see that I cant use it to be in status again with a new I-20 from a reputed school.

 

Question:

 

1. will I have to go to home country for my new student Visa stamping with new I-20 for Summer admission 2014. Classes starting from May 25th.

 

2. Can  I go to Mexico  or Canada or Jamaica for stamping?

[JoeF]

But 5 Months are not over. I still have 20 days left and I have the new I 20.

Oct. 2013 to March 2014 is more than 5 months.

[JoeF]

hi,

 

I have similar Case, completed master from non-accredited, for profit University( biggest mistake of my life) in May 2011. Applied for H1 in 2012 , got it approved till Jan 2014. Applied for H1 extension, petition still pending with USCIS and got a letter recently for intent of denial because University is not accredited, asked for a reply before may 8th 2014.

 

My student Visa has expiration date of Aug.2014 - and fro above answers I see that I cant use it to be in status again with a new I-20 from a reputed school.

 

Question:

 

1. will I have to go to home country for my new student Visa stamping with new I-20 for Summer admission 2014. Classes starting from May 25th.

 

2. Can  I go to Mexico  or Canada or Jamaica for stamping?

You got an H1 in 2012, that indeed means your F1 visa is invalid.

You will likely have to go to your home country to get a new F1 visa.

Trying to get a visa in a third country is risky, and even more so with your history of attending a fraud university.