F1 and away from classes

[sharpy102]

Hi all,

I asked this before, but never got any kind of answer/experience from anyone, except a professor whose student was in the same shoe as I am.
So, anyway, I try again, hopefully at least someone will reply.
I am an F1 student...or was. I had to leave back to my home country at the beginning of February due to family emergency. It was the middle of winter quarter, but I continued my homeworks via email, so I did do my winter quarter. However, Spring quarter started on the 26th of March, and I still couldn't go back, so I wrote an email to my school that I cannot make it back for spring. So, they notified SISS and SISS terminated my SEVIS record on the 27th of March.
So, my question after this looong life story: I would like to return in June to the US. And I've read somewhere that if a student stays out class for five months or less, then all he/she has to do is to pay the SEVIS fee again, get a new I-20, but no need for new visa. (only if one stays outside of US for LONGER than 5 months). I also have read that a student who is stilll doing their classes from their universities, or doing research outside of US that is related to their US coursework, then the visa remains valid even if they stay longer than 5 months.
My question is that I have not stayed 5 months (even if I count from the day I left, or from the day they terminated my SEVIS record). What do you guys think, from which date should I start counting the 5 month length? From the day I left US (but still doing my winter courses via internet), or from the day SISS terminated my SEVIS record (as from that day on, I wasn't registered for ANY courses)??

Sorry, it took so long, but I wanted a good background, so you guys can give an answer that is truly responds my question. I know this is not a forum where legal advices are given, but I would greatly appreciate any response, or even experiences.
Thank you!

[kabkaba]

I think because your record was terminated, you need to create a new SEVIS record. For this purpose, you need to pay SEVIS fees, get a new I-20 from the school. You do not need a new visa if your current F1 visa is valid.

[sharpy102]

Thank you for your response, I am very glad you responded. So, you think no new visa necessary? And what do you think from which day does the "5 month" length starts to accumulate? From the day I left (February 10th) or from the day my SEVIS record was terminated?
Again, thank you for your reply, I am glad you responded. Seems to me that this forum is not really active...>.<
I don't know what situation you are in, but I wish you all the best~
Take care!

[kabkaba]

Since your SEVIS was terminated, 5 months does not apply to you. You are basically starting from scratch again.

[sharpy102]

ugh...thanks for your reply again, but then I am confused. If I am starting all over again, then I do need a new visa even though it has not expired....
I only got this 5 month thing with a terminated SEVIS record from the USCIS page. Here's the link:

http://travel.state.gov/visa/temp/types/types_2941.html

Here, I belong to the "students who depart the US with valid student visas". I just don't know from what day should I start counting...the day I left, or since I was still completing my courses from outside of US, then from my SEVIS was terminated (when I have not registered for any courses)....

Thank you for your reply though, I really appreaciate it!
Take care~

[sharpy102]

thank you kabkaba

Hey Kabkaba,

I ended up calling the US Embassy to be clear on my issue. Thank you for trying to help though, it was really kind of you. I wish you all the best in the future, and wish you to bump into people like you when you'll be in need of a help!
Please take care~