Nave

Hi,

I have my wife on F-1 Visa. She graduated in Dec 2002 from Cleveland
State University. Her I-20 is of Aug 2000 which is not a SEVIS I-20.(A
new I-20 that is issued so that the immigration and INS has a record
of the students admission and other details).

She is now on Optional Practical Training (OPT) which started on March
20' 2003 and expires on March 20' 2004.

We plan to go to India on May 31 2003, and return on June 14 2003

According to the new rules, a student who is on OPT must have an
employment, (an offer letter and at least 2 paystubs to be able to
return back into USA)

She is working for a company and will have the most recent paystubs
and an offer letter by May 31.

We wanted to get her I-20 signed from the International Students
Advisor.
When we contacted her, she was unable to suggest whether she should go
to India on her Old I-20. She also said that my wife will not come
under the new regulations and will not be issued SEVIS I-20.

Does any one have any idea about the new regulations and the effect of
going to home country and returning back safely to USA?

Thanks

Naveen

Hnchoksi

    >Subject: F1 Visa and Going to Home Country INDIA
    >From: [email protected] (Nave)
    >Date: 4/29/03 8:37 AM Eastern Daylight Time
    >Message-id:
    >Hi,
    >I have my wife on F-1 Visa. She graduated in Dec 2002 from Cleveland
    >State University. Her I-20 is of Aug 2000 which is not a SEVIS I-20.(A
    >new I-20 that is issued so that the immigration and INS has a record
    >of the students admission and other details).
    >She is now on Optional Practical Training (OPT) which started on March
    >20' 2003 and expires on March 20' 2004.
    >We plan to go to India on May 31 2003, and return on June 14 2003
    >According to the new rules, a student who is on OPT must have an
    >employment, (an offer letter and at least 2 paystubs to be able to
    >return back into USA)
    >She is working for a company and will have the most recent paystubs
    >and an offer letter by May 31.
    >We wanted to get her I-20 signed from the International Students
    >Advisor.
    >When we contacted her, she was unable to suggest whether she should go
    >to India on her Old I-20. She also said that my wife will not come
    >under the new regulations and will not be issued SEVIS I-20.
    >Does any one have any idea about the new regulations and the effect of
    >going to home country and returning back safely to USA?
    >Thanks

Sylvia Ottemoeller

"Hnchoksi" wrote in message
news:[email protected]...

    > >Subject: F1 Visa and Going to Home Country INDIA
    > >From: [email protected] (Nave)
    > >Date: 4/29/03 8:37 AM Eastern Daylight Time
    > >Message-id:

    > >I have my wife on F-1 Visa. She graduated in Dec 2002 from Cleveland
    > >State University. Her I-20 is of Aug 2000 which is not a SEVIS I-20.(A
    > >new I-20 that is issued so that the immigration and INS has a record
    > >of the students admission and other details).
    > >
    > >She is now on Optional Practical Training (OPT) which started on March
    > >20' 2003 and expires on March 20' 2004.
    > >
    > >We plan to go to India on May 31 2003, and return on June 14 2003
    > >
    > >According to the new rules, a student who is on OPT must have an
    > >employment, (an offer letter and at least 2 paystubs to be able to
    > >return back into USA)
    > >
    > >She is working for a company and will have the most recent paystubs
    > >and an offer letter by May 31.
    > >
    > >We wanted to get her I-20 signed from the International Students
    > >Advisor.
    > >When we contacted her, she was unable to suggest whether she should go
    > >to India on her Old I-20. She also said that my wife will not come
    > >under the new regulations and will not be issued SEVIS I-20.
    > >
    > >Does any one have any idea about the new regulations and the effect of
    > >going to home country and returning back safely to USA?

Gee, Hnchoksi, now I get a nudge from you.

Strictly speaking, the old I-20, if properly endorsed for travel, can be
used to obtain an F-1 visa.

However, I think there is a risk of denial based on good old immigrant
intent, nothing to do with SEVIS. The consular officer is probably not
going to believe that Naveen's wife intends to leave the U.S. at the end of
the F-1 OPT. I may be wrong. If both Naveen and his wife have jobs lined
up in India to begin shortly after the expiration of the wife's F-1 OPT, and
can prove it, the F-1 visa may be granted.

If it were me under these circumstances, I would not leave the U.S. until I
had an H-1B approval in hand.

Nave

"Sylvia Ottemoeller" wrote in message news:...
    > "Hnchoksi" wrote in message
    > news:[email protected]...
    >
    > > >Subject: F1 Visa and Going to Home Country INDIA
    > > >From: [email protected] (Nave)
    > > >Date: 4/29/03 8:37 AM Eastern Daylight Time
    > > >Message-id:
    >
    > > >I have my wife on F-1 Visa. She graduated in Dec 2002 from Cleveland
    > > >State University. Her I-20 is of Aug 2000 which is not a SEVIS I-20.(A
    > > >new I-20 that is issued so that the immigration and INS has a record
    > > >of the students admission and other details).
    > > >
    > > >She is now on Optional Practical Training (OPT) which started on March
    > > >20' 2003 and expires on March 20' 2004.
    > > >
    > > >We plan to go to India on May 31 2003, and return on June 14 2003
    > > >
    > > >According to the new rules, a student who is on OPT must have an
    > > >employment, (an offer letter and at least 2 paystubs to be able to
    > > >return back into USA)
    > > >
    > > >She is working for a company and will have the most recent paystubs
    > > >and an offer letter by May 31.
    > > >
    > > >We wanted to get her I-20 signed from the International Students
    > > >Advisor.
    > > >When we contacted her, she was unable to suggest whether she should go
    > > >to India on her Old I-20. She also said that my wife will not come
    > > >under the new regulations and will not be issued SEVIS I-20.
    > > >
    > > >Does any one have any idea about the new regulations and the effect of
    > > >going to home country and returning back safely to USA?
    >
    > Gee, Hnchoksi, now I get a nudge from you.
    >
    > Strictly speaking, the old I-20, if properly endorsed for travel, can be
    > used to obtain an F-1 visa.
    >
    > However, I think there is a risk of denial based on good old immigrant
    > intent, nothing to do with SEVIS. The consular officer is probably not
    > going to believe that Naveen's wife intends to leave the U.S. at the end of
    > the F-1 OPT. I may be wrong. If both Naveen and his wife have jobs lined
    > up in India to begin shortly after the expiration of the wife's F-1 OPT, and
    > can prove it, the F-1 visa may be granted.
    >
    > If it were me under these circumstances, I would not leave the U.S. until I
    > had an H-1B approval in hand.

She is not going to get stamped in INDIA. We just want to go to India
and come back. All I wanted to ask is whether there will be any
problem at the port of entry.

Thanks

Naveen

Sylvia Ottemoeller

"Nave" wrote in message
news:[email protected]...

    > "Sylvia Ottemoeller" wrote in message
news:...

    > > "Hnchoksi" wrote in message
    > > news:[email protected]...

    > > > >Subject: F1 Visa and Going to Home Country INDIA
    > > > >From: [email protected] (Nave)

    > > > >I have my wife on F-1 Visa. She graduated in Dec 2002 from Cleveland
    > > > >State University. Her I-20 is of Aug 2000 which is not a SEVIS
I-20.(A
    > > > >new I-20 that is issued so that the immigration and INS has a record
    > > > >of the students admission and other details).
    > > > >
    > > > >She is now on Optional Practical Training (OPT) which started on
March
    > > > >20' 2003 and expires on March 20' 2004.
    > > > >
    > > > >We plan to go to India on May 31 2003, and return on June 14 2003
    > > > >
    > > > >According to the new rules, a student who is on OPT must have an
    > > > >employment, (an offer letter and at least 2 paystubs to be able to
    > > > >return back into USA)
    > > > >
    > > > >She is working for a company and will have the most recent paystubs
    > > > >and an offer letter by May 31.
    > > > >
    > > > >We wanted to get her I-20 signed from the International Students
Advisor.
    > > > >When we contacted her, she was unable to suggest whether she should
go
    > > > >to India on her Old I-20. She also said that my wife will not come
    > > > >under the new regulations and will not be issued SEVIS I-20.
    > > > >
    > > > >Does any one have any idea about the new regulations and the effect
of
    > > > >going to home country and returning back safely to USA?

    > > Strictly speaking, the old I-20, if properly endorsed for travel, can be
    > > used to obtain an F-1 visa.
    > >
    > > However, I think there is a risk of denial based on good old immigrant
    > > intent, nothing to do with SEVIS. The consular officer is probably not
    > > going to believe that Naveen's wife intends to leave the U.S. at the end
of
    > > the F-1 OPT. I may be wrong. If both Naveen and his wife have jobs
lined
    > > up in India to begin shortly after the expiration of the wife's F-1 OPT,
and
    > > can prove it, the F-1 visa may be granted.
    > >
    > > If it were me under these circumstances, I would not leave the U.S.
until I
    > > had an H-1B approval in hand.
    > She is not going to get stamped in INDIA. We just want to go to India
    > and come back. All I wanted to ask is whether there will be any
    > problem at the port of entry.

If she has a valid F-1 visa, I don't think there will be much of a problem.
She should carry a fresh letter from the employer saying that she is
expected to return to the job position in which she is working authorized by
F-1 OPT. There should be no suggestion, of course, that the employer wants
to keep her beyond the F-1 OPT expiration date.