absence as an F1 student

[sharpy102]

Hey all,

Ok, I might ask a question that was either answered here already (too lazy to check through each page) or it is obvious but I would like your feedback on this, who has some good answer.
Ok, so I started my PhD program in the US as an F1 student in September 2008. I completed fall quarter (we have quarter system at my school) and started winter quarter, however due to family emergency I left at the beginning of February. My professors, and school officials said, I don't have to drop my winter quarter courses, I will get an "incomplete" which I'll get graded upon my return. Spring quarter started yesterday, and I emailed them that I cannot go back to school still, so they told SISS (which is fair!) and they deactivated my SEVIS record. So, I have two questions regarding this:

1. does the 5 months stay overseas count from the day I left the US (even though my SEVIS account didn't get deactivated), or from the time SISS cancelled my SEVIS record? (because I've read that if an F1 student is absent for 5 months but not longer, we do not need to reapply for visa, only for new I-20 along with new SEVIS account)

2. does anyone have experience, of how mad the embassy people are going to be once I will go and "apply" for new SEVIS (and if question 1 that I need to apply for visa, then for visa as well). Can I get busted?

I only ask because I don't think it is fair to be so hard on international students that they cannot depart for family issues, and cannot go back and resume their studies. That just sounds really insane...
Please, if anyone have some ideas (I know the answers will NOT be 100% sure) I would greatly appreaciate it!

Please take care everyone, and good luck with whatever you guys try to pursue!

[Timopu]

System isn't necessarily fair.

Hi, I responded to you post because I am involved in a similar situation with a student from Japan. She went out of status because the staff at her school didn't know what they were doing and didn't properly transfer her I-20.

What we have found out is that the laws and immigration is not based on what is "fair" but on their strict rules and laws and to assume they will bend because it isn't fair won't help.

It sucks, but that seems like how the system works. We had to have this explained by an immigration attorney. We just assumed since it wasn't her fault, everything would be ok, but these buerocrats just follow the rules it seems. She is now going to reapply and see what happens.

I hope you can resolve your issue and I would like to hear if you were able to work out your problem and continue with your studies.

Good Luck!

[sharpy102]

thanks

Hey Timopu,

Thanks for responding...I will update you here once I get something "moving" and please, update me as well what happened with that Japenese student. And anyone, who has a slighest idea to my questions, please respond! I'm sure many of you gone through this, or heard about others going through this. Please!
Thank you!