Denial back into the country after OPT?

[BettaFett]

Hello everyone, I hope I'm posting in the correct forum,


My boyfriend is from Poland and came to America for undergrad on a student visa. He graduated this last year and has been working full time on OPT. Now, he has been accepted into Graduate school and his OPT ends soon so he must reapply for another student visa.


The issue is, we were told by a woman who worked in the US embassy in New York that because he worked for a year, They may not let him back into the US once he returns from Poland this summer.

This is because they may think he is trying to stay permanently by working the system.


Has anyone had any experience with this? We are looking into getting him an immigration lawyer for help but we were told a lot of different ways to go about this and some contradict each other.

So far our options are for him to apply for the student visa and stay in America for the next 3 years and not being able to visit home, or he returns home this summer and applies for the visa hoping they will let him back in.

Any advice or experience with this? He would really like to be able to visit family and come back for school.

[scientist2016]

The info. you have is incorrect. People do this routinely. The whole point of OPT is to be able to work. There should be no problem in obtaining another F1 visa for grad school studies if and when needed.

[Enub4]

They 'may' think, that's the key word. If it makes sense that he can get a new student visa (school registration, new study, good grades, makes sense after OPT to study more, etc.) there shouldn't be any problem. But as always, it all depends on the officer at the visa interview.