Can I go back to USA after exceeding 90 days unemployment to OPT?


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Hi friends,

I don’t know how to ask for advice to my case. But would really appreciate if someone can enlighten me on this so I can try taking a decision.

I first entered USA in 2014 on F2 visa and got a COS (I 797A) approved in 2016. I haven’t crossed the border since 2014, so I don’t have an F1 stamping on my passport. I finished Masters in December 2018 and traveled to India in February after receiving my OPT card with a start date as January 25 without any job offer to show while coming back. Due to my divorce case filing in India I had to stay back and get it sorted. Now my case has been sorted legally and I wanted to go back to USA after 6 months. My concerns are:

1. Will my case even be considered if I had a job offer?

2. If I have to go for a visa interview, what visa status do I apply for? 

I travelled from USA on OPT and exceeded 90 days of unemployment.

3. Will this impact in future if I applied for a new visa as in F1 for second Masters or H1 filing from India or B1/B2?

If anyone has been through a similar situation or could advice please help me.

Thanks in advance 




Edited by Ind88
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Your OPT is gone. Your most realistic chance to return is to try and get a H1 in 2020. If it seems that you are very eager to return, the visa may be an issue. On the other hand if you are genuinely interested in pursuing a doctorate in your field and if you manage to get into a very good program, you might swing a F1 visa. 

Certainly people get divorced and some do remarry.

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