Getting back to US on F1 SEVIS complete status !!

[orbit123]

Hello , 

 

My name is Praneeth and i came to india holding an H1 approval but without a stamping i . My employer is not supporting me with necessary documents to go for the H1 stamping. I am planning to use my F1 which is valid till Dec-2015 but i am not really sure if i can use that to enter back the country. All i want to know if any university agrees to issue an I-20 ,will that be enough to get back to the country with the previous F1 stamping ?? As i have already completed my MS do i have to activate my SEVIS . I am in real confusion but my clarity is on to getting back to US asap . I request you to please advise me accordingly. I really appreciate your response. 

 

Thanks, 

Regards, 

Praneeth  Venkata 

[catx]

There are a number of things in the situation you posted that would 'raise flags' with the USCIS and immigration officials.  You have an approved H-1B visa (but are not able to get it stamped because of lack of documentation from your employer), so now you want to come to the U.S. as a student on a F-1 visa, but have already completed a Masters degree in the U.S.  This 'says' to immigration officials that you are trying to come to the U.S. by any means, even if I do not have sponsorship or another legitimate reason -- which immigration officials see as a big problem.

 

If you do decide to try to come to the U.S. for studying on a F-1 visa, you will need legitimate admission to a reputable, accredited university / college, an I-20 from the school, new SEVIS, and then get a (new) F-1 visa based on the admission, I-20 and SEVIS.  This will still be difficult with an approved H-1B visa.

 

Coming to the U.S. is not a right -- it is a limited benefit.  Wanting to the come the U.S. is not a legitimate reason.  Not everyone who wants to come to the U.S. gets to come to the U.S.

[t75]

NO

 

No legitimate university would participate in this fraud.

[orbit123]

I had to come to India on an emergency reason with a cause of my  parents sudden demise where i had to leave my project and travel suddenly where i requested my employer to send me the necessary documentation but unfortunately i coudnt get any response from them and its been almost 5 months that i am in India ,i wanted to know the right approach . I myself do not want to come to the US as a fraud . Apologies if i initimated a wrong intention. 

Thanks for your advice. 

[catx]

I myself do not want to come to the US as a fraud. Apologies if i intimated a wrong intention.  

 

Understood.  Sorry for your loss of your parents.

 

Regardless of the difficulty and time it may take, your best bet is to take full advantage of the Internet, IP phones, web cams, etc. to find a job as a direct, full-time employee with an employer* willing to sponsor your visa.  * This should be a 'end client' company, commercial software developer, etc. versus a consulting company.  The advantage you have is that your existing H-1B visa allows you to start at any time, and is not subject to the April filing time and lottery selection.

 

It took me over a year and half to find a U.S. employer I wanted to work for and that wanted to hire me and was prepared to sponsor me for a visa.

[rahul412]

I had to come to India on an emergency reason with a cause of my  parents sudden demise where i had to leave my project and travel suddenly where i requested my employer to send me the necessary documentation but unfortunately i coudnt get any response from them and its been almost 5 months that i am in India ,i wanted to know the right approach . I myself do not want to come to the US as a fraud . Apologies if i initimated a wrong intention. 

Thanks for your advice. 

Since you already started working on H1, it's better to forget about F1 now.

You can gain some exp in India and using that exp you can find an H1 employer.

[t75]

Find a new employer and enter only with proper documents and a position.