Can I renew my F1 visa AFTER expiration?

[galeface 0]

Hello everyone,

Having graduated with a 4 year bachelor's degree in December 2012, I opted to activate OPT, which started on Feb 1st, 2013 (according to the date on my EAD card) and is set to end on Jan 31st, 2014. Now, my actual F1 visa in my passport is set to expire on April 15th, 2013. My I-20 is up to date and indicative that I am under OPT etc. According to my research, It seems I have absolutely no problem legally staying and working in the US with an expired F1 visa, as long as my my EAD card hasn't. What bothers me however is that I am seemingly not able to fly in and out of the country once my F1 visa is expires.

I am not really planning to leave the country unless there is an emergency back in France and was curious to know if I'd be able to renew my visa a few months expiration (let's say June 2013 for example) or if it was an absolute necessity to renew before. What I am trying to avoid is leaving the country for the only purpose of renewing my visa, and rather killing two birds with one stone and using a scheduled trip this summer to take care of it.

Thanks in advance for your help. Happy to give you any further details if necessary.

[newacct 688]

Yes, you'll be able to renew your visa when you go abroad any time after it expires. It could be years after it expired; it doesn't matter.

Since you'll be on OPT at that time, be aware that you will need your I-20, EAD, and an offer letter and/or pay stubs to show that you have work in the U.S., in order to renew your visa and enter the U.S. If you do not have a job here, you will not be able to return to the U.S. while on OPT.

[Harsh_77 718]

I don't agree with the previous post, check with your schools international office, most likely they would ask you not to travel as chances of getting another F1 would be slim.

[newacct 688]

I don't agree with the previous post, check with your schools international office, most likely they would ask you not to travel as chances of getting another F1 would be slim.

Why do you say that? I have read about many people do this with no problem, but a few have had problems. Of course there is risk inherent in any visa application, and you may run into a visa officer who doesn't understand and denies you for a bad reason. The school doesn't have anything to do with whether you get the visa and/or get admitted, so they should probably ask the U.S. consulate where they will be applying and CBP.

See Can I reenter if I left while on OPT?

If you have a job, you may travel and reenter to resume work at the same job or you have a written offer for another job.

and What if my F-1 student visa has expired?

The documentation you may need for a new visa includes... If you have applied for or had optional practical training (OPT) approved, bring a copy of your Form I-20 endorsed for OPT and your Employment Authorization Document (EAD), if one has been issued

[canadian_wife 1,822]

You will not be granted a new F-1 visa if you are not enrolled in school or have OPT, Once your OPT expires in Jan, the expiration date on your I20 becomes irrelevant because you won't be going to school or working under OPT so why would you be granted an F-1?

Why did you not get a new I20 with your OPT? YOu should have gotten a new one indicating your new expiration date, if you did not, that is a question for our DSO

good luck

[galeface 0]

You will not be granted a new F-1 visa if you are not enrolled in school or have OPT, Once your OPT expires in Jan, the expiration date on your I20 becomes irrelevant because you won't be going to school or working under OPT so why would you be granted an F-1?

Why did you not get a new I20 with your OPT? YOu should have gotten a new one indicating your new expiration date, if you did not, that is a question for our DSO

good luck

Never said my I20 was expired. It's my actual visa that is set to expire, simply because it was issued back in 2008. I graduated in December 2012 and am now on OPT until Jan 31st, 2014. Problem is that my visa expires before that date (this April). I just want to know if it's okay to renew a visa well after its expiration date, all other documents will be in order.

[Darnell 8,478]

Great Question ! Please to check in with the DSO at your school, a face to face meeting, and inquire.

[Harsh_77 718]

Why do you say that? I have read about many people do this with no problem, but a few have had problems. Of course there is risk inherent in any visa application, and you may run into a visa officer who doesn't understand and denies you for a bad reason. The school doesn't have anything to do with whether you get the visa and/or get admitted, so they should probably ask the U.S. consulate where they will be applying and CBP.

See Can I reenter if I left while on OPT?

and What if my F-1 student visa has expired?

When someone goes back to get another visa while they are OPT, chances are slim coz OPT is not a mandatory part of obtaining degree.

You requested for F1 to study and aget a degree, when you are on OPT you have already received that degree.

[CC90 90]

You unfortunately won't get a new visa (or be able to extend it) unless you are enrolled in school and taking classes. As such, you are not allowed to re-enter to finish OPT if you leave with an expired F-1.

I understand that it's rather stupid, but that's how it works.

Edited March 7, 2013 by CC90

[newacct 688]

You unfortunately won't get a new visa (or be able to extend it) unless you are enrolled in school and taking classes. As such, you are not allowed to re-enter to finish OPT if you leave with an expired F-1.

That is simply not true. You can get a new F1 visa while on OPT, although the risk of denial is higher. And you can re-enter on OPT as long as you have the necessary documentation. Just see:

http://www.isso.cornell.edu/immigration/f1/OPTfaq.pdf "21. The visa stamp in my passport has expired, but I need to travel outside the U.S. while on OPT. Do I need to get a new visa stamp at an embassy?"

http://world.utexas.edu/isss/students/employment/f1/opt-travel "What documents do I need to show at the embassy for a new visa stamp while on OPT?"

http://graduateschool.vt.edu/igss/employment/opt/index.html "What if I need to renew my visa while on OPT?"

http://www.dartmouth.edu/~ovis/updates/f1/optfaqs.html "You are eligible for a new F-1 visa application as well, during the OPT approved period."

[CC90 90]

That is simply not true. You can get a new F1 visa while on OPT, although the risk of denial is higher. And you can re-enter on OPT as long as you have the necessary documentation. Just see:

http://www.isso.cornell.edu/immigration/f1/OPTfaq.pdf "21. The visa stamp in my passport has expired, but I need to travel outside the U.S. while on OPT. Do I need to get a new visa stamp at an embassy?"

http://world.utexas.edu/isss/students/employment/f1/opt-travel "What documents do I need to show at the embassy for a new visa stamp while on OPT?"

http://graduateschool.vt.edu/igss/employment/opt/index.html "What if I need to renew my visa while on OPT?"

http://www.dartmouth.edu/~ovis/updates/f1/optfaqs.html "You are eligible for a new F-1 visa application as well, during the OPT approved period."

You can apply for any type of visa you want, it doesn't mean that you'll get it. Consulates in practice do not reissue F-1 visas for the purpose of returning on OPT when a routine 5 year F-1 visa was originally issued. You already took longer than usual to complete your degree program--and now you want to go back just for another X months? The consulates just don't do it.

Citizens of Russia and other countries that get 1 year visas based on reciprocity sometimes can get it because it's more routine to get a new visa in such cases, but it just doesn't happen in practice for others.

School websites in general shouldn't be trusted for these types of things. They often have conflicting information and are not poised to give legal advice for all cases.

[jhada 0]

This is a very late post, but I just joined. Im not sure where you stand right now, if you have gotten your visa renewed or if it matters to you anymore.

My visa expired while i was in the US and my I20 did not, and I was actually awaiting approval of an extension on my OPT since I was doing STEM. I was able to take my job letter, showing the job was waiting for me upon receipt of my new EAD card, and use my I20 to get a visa renewed. They simply renewd my visa for the time period the EAD card would last for had I gotten it. Now this is the Trinidad goverment, who are usually very strict and like to turn down people (to get their money), so definitely check your DSO. Mine had told me it was a 50/50 chance of getting screwed, but I had no issues.

[Harsh_77 718]

This is a very late post, but I just joined. Im not sure where you stand right now, if you have gotten your visa renewed or if it matters to you anymore.

My visa expired while i was in the US and my I20 did not, and I was actually awaiting approval of an extension on my OPT since I was doing STEM. I was able to take my job letter, showing the job was waiting for me upon receipt of my new EAD card, and use my I20 to get a visa renewed. They simply renewd my visa for the time period the EAD card would last for had I gotten it. Now this is the Trinidad goverment, who are usually very strict and like to turn down people (to get their money), so definitely check your DSO. Mine had told me it was a 50/50 chance of getting screwed, but I had no issues.

Did you just renew (extend) your visa while being in US or are you talking about going to consulate in Trinidad and applying for another F1 visa?

[Leo7777 243]

My visa expired while i was in the US and my I20 did not, and I was actually awaiting approval of an extension on my OPT since I was doing STEM. I was able to take my job letter, showing the job was waiting for me upon receipt of my new EAD card, and use my I20 to get a visa renewed. They simply renewd my visa for the time period the EAD card would last for had I gotten it.

Now this is the Trinidad goverment, who are usually very strict and like to turn down people (to get their money), so definitely check your DSO. Mine had told me it was a 50/50 chance of getting screwed, but I had no issues.

The Trinidad government has NOTHING to do with getting an F-1 visa for USA.

[Leo7777 243]

Did you just renew (extend) your visa while being in US or are you talking about going to consulate in Trinidad and applying for another F1 visa?

What is this concept of renewing or extending your visa while being in USA?

I think that is IMPOSSIBLE to do. A visa for USA can only be obtained at USA Consulates and Embassies OUTSIDE the USA.

Correct me if I am wrong.