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Out of Status - need help URGENT

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  • Out of Status - need help URGENT

    My fiancee has been on F1 visa since Jan 2009 and she changed universities and majors and had to take a break in between due to death in her family. So, due to some issues she has still not graduated and have 2 more courses to finish. She just found out that she has been out of status since Jan 2013 as she didnt register for any courses in Spring. She though did give comprehensive exam in spring 2013 which her university allowed to give and didn't bring up any issue of her being out of status. She didnt register for courses in summer. In fall they didn't offer the courses she needed to finish her degree and so she didn't register in fall 2013 too. Now just yesterday she find out that she has been out of status since Jan 2013 and her sevis expire since then. To make matter worse, she has worked during this period thinking she has CPT as she was issued a CPT last year and so she has payroll run on her SSN.

    I want to know what options does she have right now?
    (1) Can she reinstate the F1 visa from US considering she has been out of status past 5 months? Is there any way around it considering this happen because of lack of knowledge from her and not proper communication from college too.
    (2) How can her school help her out in this situation?
    (3) Now that she has to go back to india, is it possible for her to get back to US on F1 visa with I-20 from her university?
    (4) Will there be a possibility for her to get on H4 through me, or will it affect her getting H4 considering she has been out of status on F1 and worked during this period?
    (5) Does USCIS look up with IRS or some other way to check if someone worked during Out of status period?

    I will appreciate some feedback.

    Thanks,

  • #2
    Re-instatement is possible, but it is best to consult an experienced immigration attorney. This is complicated.
    This is my opinion and not legal advice.

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    • #3
      She has returned to india already as she was out of status for 9 months and not registered for fall. We are trying to figure out whats next?

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      • #4
        Originally posted by shahswap View Post
        She has returned to india already as she was out of status for 9 months and not registered for fall. We are trying to figure out whats next?
        Hello, Shahswap.

        May i ask what is your legal status in USA? GC or Citizen? or F1?

        Cheers,
        These are my personal thoughts. I am not a professional.

        Wishing you luck.

        Comment

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