Help with M-1 visa

[rkap]

My younger brother came to US from India on an M-1 visa for 1 year (1 year duration as per the I-20. The US visa is for 5 years). However, it didn't seem to work out as planned (due to the institution not being able to offer classes as claimed) and 5 months into his program of study, we decided to pull the plug. We submitted an application to transfer out to a new institution. I was told that it is a straight forward process and we were within our right to ask for a transfer. However, instead of giving us a transfer in the SEVIS database, the old institution terminated my brother's status. The new institution is in touch with SEVIS and has requested them to override the old institution's deed and grant us the transfer. The new institution has to give us a new I-20 which they cannot until my brother's record in the SEVIS database is transferred over to them. We are going through a tense period and will very much appreciate if someone can enlighten us more on the following:
1. Are we within our right to ask for a change of institution (we were within the 6 months timeline)? I understand that we have to file the form I-539 to request the transfer.
2. Was the old institution correct in terminating my brother's account in the SEVIS database? They claim that they are legally bound to do so and that my brother has no other option but to leave the country now.
3. Can we take any legal action against the old institution for not granting my brother a transfer even though he requested so?
4. Since my brother's record in the SEVIS database says "INACTIVE" or "TERMINATED", is his status in US still legal as we continue talking to SEVIS to grant him a transfer?
5. Should my brother leave the US and then come back using the new I-20 to re-activate his status?
6. If he does have to go outside US, can he go to Canada or Mexico or can he only go to India alone?
7. If he leaves the US, does he have to go to the US embassy/consulate again, even if his visa is valid for 5 years (since he will have a new I-20)?

Thanks for your help.
Rishi

[topcatin]

I do know that you can do transfer between universities but from M1 visa I understand this is a flight school...correct me if am wrong. In the case of universities you can do transfers. You should check with the latest immigration law on whether this institution can remove his status...thats questionable. As far as I know, you can change universities and you can change flight schools by getting transfer. Cancelling the transfers of visa, you need to double check. They probably have the right to do that. If you need new i-20 the norm is to get it stamped in India and then come back. At this point your brother should leave the US I think since they have removed his status. At the same time he needs to check if he finds a new school and is in process of joining, there MAY be laws for your brother to stay back since he has started his transfer process. I hope that makes sense. Changing universities can be done within the US itself. I have known people change universities on F1 after coming here.

[rkap]

Thanks for your reply. Yes, it is about a flight school. We are in touch with SEVIS and hope things will clear up soon but I don't want these flight school guys to go un-punished for harassing students.

[topcatin]

I have heard of people who have transfered to a flight school in the US from canada. So I dont see a problem. It should be jsut like a university changing flight schools. Based on what I hear,my understanding is Yes you can change
flight schools in the same country. You are not bound to be stuck with any school.You should call up department of state about this and tell them the situation. They will be able to give you the best answer for this.

[topcatin]

what you can do is just get your new i -20 and go ahead with your plan. and later on report them if you want. to report employers you can do that at Dept of Labor and "Better business bureau". May be you should check with "Better business bureau", but am not sure whether this is the place you can report them.But its worth a try.

[rkap]

That is exactly what I am thinking.....get the career back on track first & then probably file a civil law suit against them in addition to some of the other stuff you mention but I just wasn't sure about my legal standing against them.

[topcatin]

I would first get my i-20 with the new school and then just move on. But if they have broken the law, then you can report them once you have an i-20 from the new place. I would just move on and go. I have heard of flight schools who can give you a headache and just drag the course and delay your flight tests or even learning lessons. But as far as jsut cancelling the visa, is questionable. But why waste money on these clowns, already this is a expensive course, so why even bother and just move on. I leave it to you but reporting to "better business bureau" or even DOL is all free. and if they recieve too many complaints they will pull them up as long as they have broken the law.