F-1 Visa Absence Question

[dhr22 0]

Hello,

I would really appreciate any kind of help with this:

I was an F-1 visa student at a college in California from August to December 2012 (Fall 2012 semester). Then, I came to my country for the Christmas break on December, unfortunately, because a health situation with my grandma, I couldn't get back to the U.S. on time to start the Spring 2013 semester at the college where I was studying on.

When I was ready to go back to the U.S. to continue with my studies, an immigration adviser told me it was better to wait till the next semester (Fall 2013) to go back to classes because the semester had already begun and teachers usually don't accept late students, mainly because classes are full. He also told me that they would have to issue me a new I-20 form (with a new SEVIS number on it) and that I would have to apply for a new F-1 visa at the U.S. Embassy in my country, because it would have been more than 5 months since I left the U.S. by the time the Fall semester begins.

After investigating and talking to different persons who have had some similar experiences, I decided that the best option for me to go back to the U.S. to continue studying as fast as possible, without losing my current visa and not needing to apply for a new one, was applying for the Summer 2013 semester at a different college from the one I started my studies in the U.S. So I applied to this new college and got accepted there on March for the Summer 2013 semester. At that time, they told me I could use the same F-1 visa I have right now, but they send me a new I-20 form (obviously with a new SEVIS number for me, since the I-20 I used to study at my previous college was terminated). I also had to pay a new SEVIS fee.

I am now traveling back to the U.S. to continue with my studies in a couple of days. After having explained all this, I just want to make sure I will be able to reenter the U.S., without any kind of problem at my port of entry because of my 5 month absence, with my current F-1 visa (which by the way expires until 2016) and my new (initial) I-20 and SEVIS number.

Thanks!

[Boiler 45,553]

My understanding is that you need a new Visa, I would check with a Lawyer, especially after Boston.

[canadian_wife 1,822]

I agree, also you may try and call the american consulate or call the CBP

good luck

[AnotherLostSoul 167]

You need a new visa since the old F1 visa has the University name and the affiliated SEVIS number printed on it. You cannot use that same one for a new university with a new SEVIS number. You are basically in the same route as if you stayed longer than 5 months and reapplied for a visa, with a new SEVIS and new I-20. Sorry. But I did check into it pretty clearly as I had to go home after the first quarter of my PhD studies due to sudden terminal illness of my Mommy. So, I was in the same boat, except that the university actually f-ed up since I was only at home for 3 months, and yet they terminated my SEVIS record. That's when I dug myself into this thing (that's why I know you need a new visa) and I copied them the whole rules and regs and sent them so they eventually reactivated my SEVIS and I didn't have to get a new visa, but entered back with the old one (but I also stayed at the same university/same major) after 3 months of absence. So I would apply for the visa soon as it takes a while....top of that, with the new visa, don't forget, you can only enter 30 days before the "instruction" begins. Good luck!