Using previous F1 visa that hasn't yet expired

[SusieQQQ 11,586]

This is the general DoS explanation on NIV visa expiration dates (and linked from their student visa page, implying it applies there too). Again, I am wondering what specially about an F visa would make it different. The visa has not expired and the purpose of travel is the same. 

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visa-expiration-date.html

A visa issued for multiple entries (denoted under “entries” with a certain number (2, 3, etc.) or “M” for multiple/unlimited entries) is valid, or can be used from the date it is issued until the date it expires to travel to the U.S. port-of-entry as many times as your visa states, provided that:

-Applying for a new visa is not necessary if your visa has not expired and you have not exceeded the number of entries permitted on your visa.

-Multiple uses of a visa must be for the same purpose of travel allowable on the type of visa you have.

 

I'm not categorically say OP can use it, because I don’t know for sure. I’m just wondering what F-specific factor is different to the general criteria above.

Edited June 29, 2020 by SusieQQQ

[retro_jet 1]

11 minutes ago, SusieQQQ said:

This is the general DoS explanation on NIV visa expiration dates (and linked from their student visa page, implying it applies there too). Again, I am wondering what specially about an F visa would make it different. The visa has not expired and the purpose of travel is the same. 

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visa-expiration-date.html

A visa issued for multiple entries (denoted under “entries” with a certain number (2, 3, etc.) or “M” for multiple/unlimited entries) is valid, or can be used from the date it is issued until the date it expires to travel to the U.S. port-of-entry as many times as your visa states, provided that:

-Applying for a new visa is not necessary if your visa has not expired and you have not exceeded the number of entries permitted on your visa.

-Multiple uses of a visa must be for the same purpose of travel allowable on the type of visa you have.

 

I'm not categorically say OP can use it, because I don’t know for sure. I’m just wondering what F-specific factor is different to the general criteria above.

"Multiple uses of a visa must be for the same purpose of travel allowable on the type of visa you have."

 

Regarding this part: under the 'annotation' section of my previous visa, under some serial number, my previous university name is mentioned. This made me wonder if the "same purpose of travel" mentioned in the above point is violated since I will no longer be attending the same university. However, the university immigration official said that the name mentioned in the visa does not matter because students transfer to different universities all the time.

 

[issea 43]

1 hour ago, SusieQQQ said:

I get that. I don’t see how a student necessarily needs a new visa if that has been complied with (no overstay).

 

If I enter on a B visa and get stamped for 6 months. I must leave within 6 month or file change or extension of status. But if I leave on time I can use the visa again. The end of the initial status doesn’t mean the end of the acceptable use of the visa. So I’m trying to understand if there is another factor that makes it different for F1.

If I remember correctly, there is an annotation at the bottom of the issued F1 visa noting the school to attend. If the OP is going to attend another school, how to explain that?

[sebastianshaw 97]

Considering i was on F1 visa for quite a few years, as far as my understanding goes it is not like other multi entry non immigrant visa's.

 

F1 visa's are issued for specific universities and specific course thus are depenednt of successful completion /maintiaing status under that course (Duration of Stay). You can see the university name mentioned on your visa and your latest i-20 is an indicator of your status. 

 

It also depends on whether you are outside the country or not, if you are inside then with a new i-20 you should be fine

[SusieQQQ 11,586]

28 minutes ago, sebastianshaw said:

It also depends on whether you are outside the country or not,

That’s what the question was. Can you explain how this affects it?

 

As for the university name, people transfer colleges all the time. Do those people need to get a new F1 with the new college name after they’ve transferred if they are visiting home for the summer or otherwise traveling, when they come back, if the original is unexpired? I don’t believe so, but happy to be corrected.

Edited June 29, 2020 by SusieQQQ

[sebastianshaw 97]

24 minutes ago, SusieQQQ said:

That’s what the question was. Can you explain how this affects it?

 

As for the university name, people transfer colleges all the time. Do those people need to get a new F1 with the new college name after they’ve transferred if they are visiting home for the summer or otherwise traveling, when they come back, if the original is unexpired? I don’t believe so, but happy to be corrected.

basically a semester outside voids the visa and you lose status. So if you come back within 5 months with a new valid i-20 for another program that should fine, but if you stay back 5 months plus, you have to apply for new visa stamping through new i-20

[SusieQQQ 11,586]

1 minute ago, sebastianshaw said:

basically a semester outside voids the visa and you lose status. So if you come back within 5 months with a new valid i-20 for another program that should fine, but if you stay back 5 months plus, you have to apply for new visa stamping through new i-20

Can you explain why it voids the visa? I understand you lose status, but that’s a different issue. New i20 = new status for new entry.  The visa and status are not synonymous. 

Edited June 29, 2020 by SusieQQQ

[sebastianshaw 97]

2 minutes ago, SusieQQQ said:

Can you explain why it voids the visa? I understand you lose status, but that’s a different issue. New i20 = new status for new entry. 

because if you are outside the country for more than 5 months you lose and abandon your valid student status. Also you cant just get up and go outside the country as you like, when you are an international student, you have to get signature of your University Designated Officer on your I-20 confirming authorizing for the international travel. Without signatures you will not be allowed back in, apart from the usual valid i-20, and other documents 

 

the best example i can give is an over stayer on B1/B2 visa stays more than the usual 6 months, if he/she does not have a valid justification why they overstayed the last time, they technically abandoned their status and might not be welcome back inspite of having a multi-year 10 year visa. It can be cancelled/revoked the next time the person gets in touch with the authorities.  

[sebastianshaw 97]

also as i mentioned before F & J category visa's are different organism altogether. you can read more here about SEVIS / SEVP program, under which these visa's are issued

 

https://www.ice.gov/sevis/travel

[SusieQQQ 11,586]

12 minutes ago, sebastianshaw said:

because if you are outside the country for more than 5 months you lose and abandon your valid student status.

Again, you are talking about status. 
 

Your B2 comparison is not valid. This person has not violated previous status. OP graduated and so did not need permission to travel. The analogy is the one I used earlier, where you can re-enter on the same visa again even though the status you were granted for a previous stay has expired, as long as you did not violate that status. (By the way you cannot return on the same b visa if you overstayed on it, and having a “reason” does not make overstay go away, but that’s not relevant here.)

 

OP, may I make a suggestion. I doubt you will get a satisfactory answer here. My personal feeling is that you have been probably been given accurate information by your colleges, but I understand you want something more official. There is an enquiry form somewhere on the CBP site for questions that are not answered by the FAQs. I suggest you use that - I understand they are responsive to individual queries, and as it is CBP who will be deciding at the end of the day whether or not to let you in, they are  best placed to give you a definitive answer. It would be informative if you could return and update this thread with the answer. Good luck.  

Edited June 29, 2020 by SusieQQQ

[sebastianshaw 97]

I am not just talking about STATUS, I am also talking about the VALIDITY of the visa,  once a student has been out of status, through EITHER violation OR completion of program/OPT for over a period of 5 months or more, then that student's SEVIS record is deactivated. Once your SEVIS record is deactivated, your F-1 visa is also invalidated, even if it has not expired. 

 

5 month rule is the magical number for SEVIS programs, if 5 months have not completed it VISA can be reused, otherwise DSO's strongly recommend getting new visa stamp

 

Edited June 29, 2020 by sebastianshaw

[SusieQQQ 11,586]

7 minutes ago, sebastianshaw said:

Once your SEVIS record is deactivated, your F-1 visa is also invalidated, even if it has not expired. 

Again, that is exactly the type of thing I was looking for, would have been easier if it had been the first answer. Can you point to where it says that?

[sebastianshaw 97]

5 minutes ago, SusieQQQ said:

Again, that is exactly the type of thing I was looking for, would have been easier if it had been the first answer.

no need to be snitty my dear friend, ultimately we are here to help each other.  i have shared that link in the same thread, it has a sea of information abut SEVIS program, i am sure you will find it in there. Thanks and have a good one. 

[carmel34 3,626]

College dean in the US here with some relevant experience with F-1s and I-20s.  If you left the US within 60 days of the master's program end date listed on the I-20, the underlying F-1 student visa continues to be valid until it expires, in your case to 2022.  If you left within 60 days of completing the master's program, you did not violate the terms of your F-1 visa, so it continues to be good.  You will need a new I-20 and be entered into SEVIS for the planned PhD program in order to successfully use the still valid F-1 visa to enter the US.  Since PhD programs take longer than 2 years, you will need to apply for an F-1 visa renewal well before your current one expires.  The international student office of your chosen school can assist with this process, deadlines, etc.  Most major universities have experienced staff who are very helpful with processing foreign student paperwork.  You have received good information from the school you contacted about pursuing a PhD.  The problem you face if you want to start a PhD program this Fall is all of the travel bans going on right now because of the virus.  Good luck with your PhD program!

Edited June 29, 2020 by carmel34

[geowrian 22,337]

D/S only applies while within the US. It has nothing to do with the visa. An alien has no status outside of the US.