F1 Visa rejected after being on F1 FOR 7 years

[dhadli2218]

Hello all,

I recently applied for a F1 visa for an MBA program at one of the California State University Campuses. The application was denied.

Prior to this, i was an undergraduate student at San Jose State University and had successfully completed my coursework and my OPT as an F1 student. I had been issued a visa in Dec01 and i finished my Degree requirements by 2007 and came to India in Aug08 a little before my OPT was supposed to expire. During this period i had been back and forth to India about 4 times.

My Visa consular told me that i had been in US since 2001 as a student and it was a long time i had been under the F1 status. It did not make sense to me as i within my legal limits of staying in US and working on my degree with proper paperwork.

In addition to denying my application, my old expired visa was marked as cancelled.
Can some one please advise me on how to pursue my case.
Thanks in advance.

[txh1b]

There is nothing special to pursue this differently other than applying again. F1 rejections need not make any sense as it is based on non-immigrant intent and the VO can reject it anytime if they feel otherwise.

[C4us]

I suspect the VO was suspicious about 7 years for an undergraduate degree and OPT - or did you get an MS too.

[dhadli2218]

No i did not complete any masters program. Just undergraduate coursework and opt. I was back before my opt expired and i have been mack 5 times within those 7 years.
Please suggest.

[C4us]

Quite frankly, using 7 years for an undergraduate degree and a year of OPT does not indicate that you are a serious student and are not likely to be successful in an MBA program.

While the VO is looking for your ties to your home country, your history in the US makes it appear that you are a likely overstay or are using the MBA as an excuse to wait for the next H1B filing.

[dhadli2218]

Thanks for your response. I have reapplied to the MBA program at the same school for spring and will be reapplying for the visa later this year. Can you please suggest me on how to strengthen my case. I can show very solid home ties where i will inherit sizable real estate from my dad. Pls. suggest. Thank you.

[C4us]

Demonstrate that the MBA is a benefit to managing your affairs in your home country. As an example, you state your will inherit a sizable estate; if it includes an ongoing business, the MBA directly affects your ability to manage the business. Also, a job offer in your home country if you obtain the advanced degree is strong point.

Be sure you can demonstrate that you have more than adequate financial support for your degree.

I still say that the length of time spent on your undergraduate degree would be a concern to me. I hope part of this was in a language institute or some other type of prepatory work and not all as an undergraduate, It is not unusual for a BS to take 4.5 or 5 years; 6 years is a little harder to justify unless there was a change of major to one with significantly different graduation requirements than the first.

Another option you should consider is deferring your entry to the MBA program and work at home for 1 or 2 years.

I'm sorry that I have few suggestions to offer you.

[dhadli2218]

Thanks for your suggestion c4. I dont know if i mentioned before that out of those 7 years, if i was to accumulate the time i spent on vaction (trips to India), it would add up to almost an year. letss ay out of seven years, i take that year out. This leaves 6. 6 years for OPT completion and undergraduate coursework should be in a respectful time frame. Does this help my cause?
Please suggest. Thanks in advance.

[C4us]

Not knowing what the VO was thinking and the reason for the denial, it is hard to predict the outcome of a new interview.

You can just apply again.

[dhadli2218]

Thanks for your suggestions. Can you advise me how much does a past denial have an affect on the new application? I am planning to apply again in December.

[txh1b]

How are your scores? Any assistantship from college? All these matter. Start on a job in there to prove that you have intentions of coming back before going for visa again. That will help.