boucuop

Hello,

I am an international student. Due to unexpected financial deficiency, I have withdrawn from the university 2 weeks ago. I thought I had 60 days grace period. But I was wrong.

At this point, what shall I do? Reintate F1 immediately? I have been reading regulations on reintatement since I learned I am out of status. Does unexpected financial deficiency count for out-of-control circumstance? Besides, I am transferring to another program in the same university next semester. Will the fact make the reintatement chance slight?

What is the consequence of reintatement denial? Can I still apply for F1 visa or H4 if I have to come back to my home country?

Thank you for your time and expertise.

ian-mstm

You should leave the US.


No.


Come back next semester... if you can afford it.


You can apply for an F-1 visa, yes. You can't get an H-4 visa unless you're married to someone who has an H-1B visa.

Ian

Folinskyinla

Hi:

I'd consult with Adam Green in Los Angeles. He is THE man on students.

crg

The DSO "designated school official" is also a good resource.

Here is some other information:

http://www.ice.gov/sevis/

Keep in mind that students who graduate get 60 days, students granted a withdrawal get 15, students terminated get ZERO days to depart.

boucuop

Thank you for the reply.
Will the out-of-status affect my F-1 visa application?

My husband is doing his opt, and applied for H1B this April 1.

Folinskyinla

Hi:

Unless the individual DSO is a particularly good one, I would not give that as general advice.

boucuop

Thank you for the information. I learned that a few days ago.
I am gonna see an advisor in our international student office tomorrow.

ian-mstm

It could... but I don't think it will.


You can go to school with an H4 visa, but you can *not* work... ever. You can't volunteer if you get *any* sort of compensation (money, meals, discounts, lodgings, etc), nor can you work "for free" in a position where someone else would be paid. The H-4 is very restrictive.

Ian

crg

That's always a caveat. I just wanted to give other options. I thought the OP may not be able to afford the attorney especially considering that he is not in school because of a bad financial situation.

boucuop

Thank you, Ian.
Do you think I can apply for H4 visa if my reinstatement gets denied without going back to my country?
- I still want to petition for F1 reinstatement, as the university put charges of $14,000 on March 3rd and charged me late payment immediately due to my laid-off. I had tuition waiver as a staff of the university. I have all the paperwork. We cannot get that amount of money in a short term.
- We have a 2-year-old son. If I go back to my country, I have to take him with me. There would be some complicated paperwork.
Thank you, again.

Folinskyinla

Hi:

I'm not so sure about that. I recently discovered that F-2's cannot attend school beyond high school. The government justification for this radical change was that national security required it.

boucuop

Thank you, but most of international students know the fact couple of years ago.

F2 cannot take classes since the event of 911, while H4 is still able to take classes.

ian-mstm

If you have a copy of your marriage certificate and your husband's H-1B visa, then you can change status... but you can't get an actual visa - you'd have to leave the US for that. You can't get a visa while inside the US.


Yes... paperwork is always complicated. However, you don't necessarily have to go back to your country... you only have to be outside the US.

Ian

boucuop

Thank you very much, Ian. You have offered so many useful information on my case. I do appreciate that.

I have talked with the international student advisor. She said I have a good chance to reinstate F1. There are many cases of reinstatement going on in the university each semester, and all of them have got approved so far. It gives me a beam of light in my dark days. So is your expertise. Thank you, again.

ian-mstm

There is still one problem... money. You'll need to sort out the finances before moving forward. Good luck to you.

Ian