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Filed: Timeline
Posted

I was holding F-1 visa when studying in a university. I got my master degree and then spent two more years to study for PhD. Because I didn't pass the PhD qualify exam, I left the university, and had my SEVIS number transfered to a local community college on Sept 15th. The community college has mailed a new I-20 to me recently, though I haven't received it and signed it yet. Since the fall semester of the community college started at the end of August, so I got admission to the spring semeseter started in Jan, 2014.

I now still stay in the U.S., because the gap between the time when I left my previous university and the time when I will enrol into the community college is less than five months.

However, in Jan 2014 when the spring semester starts in the communicty college, I may choose not to enrol because of the following reasons:
1. if I get admission from another better university for spring 2014, I may go to that university instead of the community college;
2. if I find a job with noncap H1b, I may go to work instead of studying in the community college;
3. if I decide to go back to my home country, I will not study at the community college.

My questions are:

1. If I don't enrol into the communicty college in Jan 2014 because of any of the above three reasons, will my stay in the U.S. between Sep 15th, 2013 and Jan, 2014 be illegal?
Will it have negative influence on my leaving and reentering the U.S., applying for OPT, H1B, and Green Card in the future?

2. If it is illegal, how long can I stay in the U.S. after I left my previous university on Sept 15th? Is it within 60 days after Sept 15th?

Thanks in advance!

Filed: Timeline
Posted

You should leave the US and apply for a new visa, using the I-20 from the community college. Your status ended when you did not enroll or dropped school in September and you only have 60 days to leave the US. Your future plans do not mean you can remain in the US until it's time for them to occur. Since you finished the degree program for which the current student visa was issued, an immigration officer will likely want to see a new visa, given the amount that has passed.of time

Filed: Citizen (apr) Country: Canada
Timeline
Posted

When you chose not to attend University, the university had to report your absence to SEVIS, you have 60 days to leave. You are still in the US, without status correct? You must leave and reenter with your new I120 and new student visa.

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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