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I came to USA in 2014 on F1 visa to study masters in

electrical engineering at USC. However...
I came to USA in 2014 on F1 visa to study masters in electrical engineering at USC. However, i was academically dismissed after 3 semesters due to some medical problems. After that, I maintained my F1 status by attending english schools and wrote some research papers and reapplied to universities. I am currently attending a top university and am doing well academically. My problem is that my F1 expires in 2019, a month after I graduate. I would like to work under OPT in USA after i graduate. Will I be eligible for opt given my visa will expire? or should i go for a F1 visa renewal while I am still a student? I am doing a different specialization(engineering management) now as compared to my first university and my sevis number is ***** from the one in my visa. will that be a problem if do go for visa renewal interview in india?
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Answered in 1 minute by:
10/22/2017
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 30,051
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Hello my name is ***** ***** I am delighted to answer your questions. I am reviewing it and will post your answer momentarily.

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Welcome to JustAnswer! I have 34 years experience as an immigration attorney and I am here to help resolve your immigration issue. Tackling these issues can sometimes get confusing. Should you need to chat on the phone or document review, I am able to do that for an additional cost. Let me know at any time during our question and answer session if you are interested.

Your visa stamp is only required to be unexpired to enter the US after travel abroad.

Your I-20 can be extended without an unexpired F1 visa stamp.

Is your current I-20 a transfer in to your current university or did you do new initial I-20 and pay a new SEVIS fee?

I am trying to understand how your SEVIS number got changed and that is usually when you get a new initial I-20 and pay a new fee or you do reinstatement.

I hope that helps! Please let me know if you have any other questions. I appreciate this opportunity to help you. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating. If you are very satisfied with my answer please take a moment to click on the 5 stars at the top of the page. The question thread remains open and you can ask follow-up questions.

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Customer reply replied 10 months ago
when i was attending language school, my i20 was terminated due to a misunderstanding between me and the school. so, i left the country, appplied to a new lang school,paid sevis and did reentry with that new i20. the, i transferred to grad school

Thank you for the clarification.

You are eligible for OPT as long as you have one year in your new program.

The expiring F1 visa stamp has nothing to do with your eligibility for OPT as long as your I-20 is extended and OPT recommended by DSO.

Your prior reinstatement while in language school by departing the US and coming back with new SEVIS record does not invalidate your eligibility for OPT.

I hope that helps! Please let me know if you have any other questions. I appreciate this opportunity to help you. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating. If you are very satisfied with my answer please take a moment to click on the 5 stars at the top of the page. The question thread remains open and you can ask follow-up questions.

Judith

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Customer reply replied 10 months ago
i know about the travel thing, but, i will need to visit my family in india every year, so will need i unexpired visa, that is why i asked
Customer reply replied 10 months ago
thank you for clarification about opt, but, i want to know what the visa situation will be like given my travel to india

My apologies but I am not clear about your visa question.

You need an unexpired visa when you enter the US. Since you say you need to visit every year and you only have one year left on F1 I am confused.

If your visa is expired you have to apply for a new visa stamp to enter the US after your travel to India.

Judith

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Customer reply replied 10 months ago
my question is, will i be in trouble at the consulate when go for visa renewal because i am at a different university, pursuing a different specialization and new sevis number as compared to my original visa?

No you have already cleaned up your record by departing the US and coming back in with new SEVIS number.

Changing programs and schools is not an issue.

The consul will have reviewed your visa history before you are called up to the window.

Judith

Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 30,051
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Verified
Judith Ludwic and 87 other Immigration Law Specialists are ready to help you
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Customer reply replied 10 months ago
ok,thank you!
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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