Valid F1 Visa from Previous Program / New I-20

[Jezzlin]

I was wondering if anyone could offer insight into whether I can use my current F1 visa stamp (validity till June 2018) from a previous one-year program to travel to the port of entry in the United States and request entry on the basis on a fresh I-20 and having paid a new student SEVIS fee. I will be attending the same institution I completed my MA from.

The US Department of State website states that: "A visa issued for multiple entries is valid, or can be used from the date it is issued until the date it expires to travel to the U.S. port-of-entry as many times as your visa states, provided that applying for a new visa is not necessary if your visa has not expired."

So what I have to determine is whether applying for a new visa is necessary in my case. I have seen some people quoting the 5-month rule that invalidates the visa, but my understanding is that this rule only applies to persons that have violated their F1 status and have left the country. If the period of violation is less than 5 months one can either apply for reinstatement from within the US or reestablish F1 status if returning from outside the US with a new I-20 and SEVIS record.

On 'reestablishment' the official line seems to be that you can travel on the same F1 visa, if it is valid, but will be considered a 'new student' for SEVIS purposes. This seems to be the closest information to my case. Considering that one reestablish their status on the same visa stamp it would seem that the same can be done for someone who has completed their course of study, left the US in a timely manner and returned with a new I-20.

I will get in touch with my DSO and the US Embassy to get some definitive answers, but if anyone has relevant information please feel free to chime in. Thanks!

[bakstol]

It seems like you should be able to travel on the same visa.
Even if you changed schools you would't need a new visa so by that logic I don't see a problem as long as your SEVIS and I-20 are up to date with the correct school and correct program.

Double check, ask your DSO.

[Jezzlin]

Definitive Answer

So I wrote to the DSO at my university and it turns out that I will indeed have to obtain a new F-1 visa stamp.

The reason for this is that once a student has been out of status, through EITHER violation OR completion of program/OPT for over a period of 5 months or more, then that student's SEVIS record is deactivated. Once your SEVIS record is deactivated, your F-1 visa is also invalidated, even if it has not expired. (Turns out I was very wrong about the 5-month rule!)

You can transfer your SEVIS record, but *only* in the event that you complete your program of study or designated period of OPT and intend to enroll in a *new* program of study WITHIN 5 months of completion. Once you obtain a new I-20 with the same SEVIS number, you will be able to exit and re-enter the US on the same F-1 visa stamp from your previous program. To put it simply, the SEVIS number on the F-1 stamp must be the same as that which is on your I-20, and your SEVIS record must also be active in order for you to be admitted as an F-1 student.

Perhaps you can travel to the US port of entry on an F-1 visa that simply bears validity, because it is unlikely that immigration officers at your exit port will match your visa with your I-20 and SEVIS record. However, you will be denied entry to the US after travelling to the port of entry because you will be travelling on a visa that does not demonstrate an active SEVIS record.

So, definitively, once you've taken a 5-month break from your studies after completion of your program, your F-1 visa becomes invalid. If you would like to return to the US as an F-1 student, you must be issued an I-20 with a new SEVIS record, pay the required fees, and apply for the visa again.