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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24570
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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My OPT is declined and my status is Completed and I have to

Customer Question

My OPT is declined and my status is Completed and I have to leave the country in 60 days. I want to do my MBA in E-commerce and I got Admission from an University. I am planning to go to mexico and get a new status. Can you suggest me if it is a better option?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith replied 1 year ago.
Hello,my name is Judith. Thank you for this opportunity to answer your questions.
You are still in your 60 day grace period?
Do you have the I-20 for the MBA program?
Judith
Customer: replied 1 year ago.

Yes I am still in 60 day grace period. This ends July14th.

Customer: replied 1 year ago.

Yes I have an I-20.

Expert:  Judith replied 1 year ago.
You don't have to leave the US if you are still in your grace period. Did you talk to your DSO about just giving you the I-20 to start the grad program?
Are you changing schools?
judith
Customer: replied 1 year ago.

I talked to the DSO, he could not help me because the admission date is over. I have the admission from a different school.

Expert:  Judith replied 1 year ago.
You are transferring schools?
When does the new program begin?

judith
Customer: replied 1 year ago.

Yes I am transfering schools. The new program begins on Aug 4th.


The DSO from the new college says that I am not even eligible for the transfer of sevis since it is "completed". They suggested me with either reinstatement or re entry.

Expert:  Judith replied 1 year ago.
Do you have a valid visa stamp or do you have to go for new stamping?
What country are you from?

Your old school has terminated your SEVIS?

Judith
Customer: replied 1 year ago.

Yes I have a valid stamp till 2015. The DSO said that the status is completed. he did not say that it is terminated.

Customer: replied 1 year ago.

Iam from India

Expert:  Judith replied 1 year ago.
OK, as long as your visa stamp is still valid all you have to do is to depart and come back.
However, you may have some difficulty getting a visa to go to Mexico.
You should look into Costa Rica. It is my understanding if your US visa is valid for at least 6 months you do not need a visa to enter that country. Many Indians go there.

Judith
Customer: replied 1 year ago.

Am i not eligible for a transfer during the grace period?

Expert:  Judith replied 1 year ago.
You should be.
The DSO in your transfer out school has to release your record and then transfer in school has to open your SEVIS there.
Start reading this link at Section 2.7 and into the entire Section 3
http://www.ice.gov/sevis/f_1_transfers.htm#_Toc174419535

You should print this off and go in and see the transfer out DSO and find out why they cannot release your SEVIS according to this and also talk to the new transfer in school DSO and ask why they cannot follow this procedure.

Judith
Customer: replied 1 year ago.

That comes under the sevis terminated and it points to reinstatement/ re entry. I was trying to find whether on a sevis "completed status" can i transfer to another university?


 

Expert:  Judith replied 1 year ago.
A completed status terminates your SEVIS record.
It appears that your transfer out school has terminated your SEVIS record.
You can talk to them about doing a "data fix" since you are still in your grace period. But it seems to me they don't want to do the work involved in doing that so you can transfer out.
Judith
Expert:  Judith replied 1 year ago.
I'm sorry I cannot fix your status for you.
I have told you what is the law. If your DSO will not help you what do you think I can do for you. I will try.
All I can do is offer you the solution to leave or file the I-539 to reinstate. But you are not out of status so the DSO should do the transfer for you. That is their job. What do you think is my my job and I am more than willing to improve my performance to reverse your Poor Service which is generally reserved for rude or unprofessional behavior. I don't think you can classify my efforts to help you as rude.
judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24570
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Judith and 6 other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

Can I hire your servie to convince my DSO to data fix the sevis? or transfer to another university with status active?

Expert:  Judith replied 1 year ago.
I would very much like to help you because I think the school is not doing a good job helping you and that is their job.
But it is a violation of the JA terms of service and I can loose my job for doing that. Experts cannot have direct contact with it's customers.
You can find a lawyer who specializes in "student" issues at www.ailalawyer.com You don't have to use a lawyer right in your city. Call a few and talk to them and see who you like the best and who will fight the hardest for you.
Judith

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