How do you renew F1 visa (stamp) while on valid OPT outside the US?

[Frenchican 13]

Hi

I am helping a friend to try to figure this out.

She just graduated a couple months ago, got OPT approved, got the EAD card (to expire summer 2015), I-20 endorsed. Got the job offer to start next month.

Now, since she graduated, the visa in passport, set to 4 years (phd), expired.

1. To travel to back to France in xmas, and get back to her job in January, she should have a valid visa.

Can you renew F1 visa (stamp) [while on valid OPT] in the US or does it have to be outside the US?

Does that mean she should make the appointment in the US embassy in France with enough time to get it the first day she gets there and then wait for the passport to be mailed back. Does it usually takes over 2 weeks? because she would only go for 2 weeks because the job only gives 2 week vacation. That's why it made more sense to renew here.

2. I've read that they can deny you the renewal

Does that mean that to not take any risks, she is supposed to be here on an expired visa (and valid everything else) until OPT ends with no chance to home for holidays or emergencies?

What if you get the STEM 17-monts extension. That would make 2 1/2 years with no travel.

If you are working legally it seems kinda weird if you can't travel.

3. Her job also offered a Work visa if she wanted/needed it.

Would it be a better option to just ask the employer to do the work visa in the next 6 months to be sure she will not have any problems to get back.

Thanks!

On my side, I was exactly in the same situation, but could travel home because contigous territory allows coming back to the US with expired visa if EAD & job offer is valid.

Edited June 25, 2014 by Frenchican

[sms78 18]

It's perfectly fine to stay in the US with an expired student visa as long as her I-20 is current. But No, she can't travel oversea that way. If she wants to travel, she has to renew her student visa like you said. She can only renew her student visa outside of the US. With a letter from her employer and the current I-20, she should be fine to renew. But, yes, it could be denied in which case she cannot come back to the US as a student. There is a risk always. Either way, renewing the student visa during Christmas sounds like a very bad idea. Has she checked how many days the US embassy in France will be closed during the holiday?

[Frenchican 13]

Either way, renewing the student visa during Christmas sounds like a very bad idea. Has she checked how many days the US embassy in France will be closed during the holiday?

thanks, That is what we thought. That it could be a bad idea. They probably close at least 4 days during the 2 weeks that she was planning the xmas vacation. but she only has 2 weeks off from work.

I don't see a better option, I think asking the company for the work visa (since they offered)

[Mollie09 1,543]

thanks, That is what we thought. That it could be a bad idea. They probably close at least 4 days during the 2 weeks that she was planning the xmas vacation. but she only has 2 weeks off from work.

I don't see a better option, I think asking the company for the work visa (since they offered)

I was in this exact situation and just didn't go home until I got my H1B. The problem with renewing a student visa when you're no longer a student is pretty obvious. Also, you have to prove you have no intention of staying after the new visa expires, which is hard when you're planning to apply to stay longer. Company lawyer told me it was very likely to be denied.