H1-F1 after 6months stay in India

[sxk108]

Hello there,

I finished my MS on F1 visa.later worked on OPT for over an year.
Then on a non-profit H1-b visa for 2months until Oct'09. Later i got
fired from the job and requested the HR not to send the revoke petition
to USCIS, but failing to get any other opportunity i left the country after a month.
It's been 6months that i am living in India and meanwhile i have applied & got I-20 for a 2nd Masters in the same university where i did my 1rst MS hoping to continue phD later.

My question is can come to back to US on the same F-1visa as its valid until Aug'10 and SEVIS ?
International advisor told me its just fine but i am confused if ever i get any problems at the port of entry regarding the Visa especially.

Thanks in advance. Please advise.

[txh1b]

I would say ISOs are the most knowledgeable pertaining to the F1 visa laws. But from what I have seen, 5 months of being out of US on F1 needs reinstatement of SEVIS record. Moreover, you changed your status to H1 from F1 and that would mean the SEVIS record was definitely terminated. I am not sure why the ISO feels you can re-enter with the same visa. Make some of your friends in other schools ask their ISO/DSO and find out what their answer is to validate it.

Try to send an email to the consulate and ask. I think you need a new visa as your SEVIS record was terminated with your previous degree and a new one will be created for this one.

Try to see if you can find a contact or an answer here.

http://www.ice.gov/sevis/faq.htm

The chances of getting a new visa for a Dual MS is less. I would rather suggest that you apply for the Doctoral admission as you already have that plan. Update the thread on what you find out for the benefit of others in similar situations.

[sxk108]

Hello,

Thank you so much for your response. I have contacted American Consulate and they asked me to get a new F-1 visa since i am out of school for more than 5months. ISO people gave me a wrongful information and wasted my time, not sure why they are so negligent.

Thanks.

[axient]

URGENT: Similar situation on using previous F1 after H1B termination.

Hi,

I have a similar situation except that i am still in US planning to go to my home country and stay there for 2 months and come back to US. here is my case:
I came to USA with F1 visa which is valid till 2011 on my passport. In Oct 2008, my status changed to H1B but i didn't went for visa stamping. Now my H1B has been terminated recently and i also graduated recently in July 2009. Can i join my previous University (for which i got F1 visa initially) for post graduate studies and go back to my country with new I-20 and come back to USA again with my previous F1 Visa? (with out having to go to US consulate in my country for F1 visa stamping again)

Thanks,
SS