franc11s

Friend in school in LA on M1 that expired 3 days ago. 30 days prior to expiration, she filed for extension and recieved an "application pending". She is still in school and full track record.

She booked a 3-day Mexico cruise to travel on Monday from LA and has realized she might be refused re-entry.

HELP.... Is she still in status thanks to the "pending" and school records or can she not travel..

snowbunny

http://www.ice.gov/sevis/travel/faq_m2.htm

9.2.E. I wish to travel to Canada or Mexico. Can I return if my visa is expired?
Yes, in most cases. You can usually revalidate an expired visa automatically
when returning from a visit of less than thirty days to Canada or Mexico
provided that you have a valid SEVIS Form I-20 and a valid unexpired Form I-
94. This process is known as automatic visa revalidation.
However, if you meet any one of following criteria, you will not be able to
automatically revalidate your visa.

M Nonimmigrants: Entry and Exit
You applied for a new visa and it has not been issued
You applied for a new visa and were denied
You have a terminated SEVIS record indicating that you are out of status
You have been out the United States for more than thirty days
You are a citizen of one of the following countries:
• Cuba
• Iran
• Iraq
• Libya
• North Korea
• Sudan
• Syria
[Reference 8 CFR 214.1(b)(3)]

What do you think?

franc11s

I just heard the full facts.

Her school applied for OPT for her 30 days before M-1 Expired.

It got rejected because school forgot to sign check. Check sent off and now (as of today), application shows pending. Very likely to be approved BUT..

She is Australian. I-94 expires 27th May.

Doesn't look good does it?

-Hunter

"franc11s" <[email protected]> wrote in message
news:[email protected] m...
|
|
| Her school applied for OPT for her 30 days before M-1 Expired.
|
| It got rejected because school forgot to sign check. Check sent off and
| now (as of today), application shows pending. Very likely to be
| approved BUT..
|
| She is Australian. I-94 expires 27th May.
|
| Doesn't look good does it?
|
| --
|

Where did you get that information that you can apply for OPT on M-1?

OPT is not authorized for M-1.

M-1 is for vocational studies not exceeding one year.

Ray

And I though if approved, you can have one month of practical training for every four months of study you have completed. with a max of six months total practical training time

Bob

As far as I'm aware, if you leave the country with any case pending, that case would be considered abandoned...so probably best to cancel the cruise...

-Hunter

"Ray" <[email protected]> wrote in message
news:[email protected] m...
|
| > "franc11s" <[email protected]> wrote in message
| > news:[email protected] m...
| > |
| > |
| > | Her school applied for OPT for her 30 days before M-1 Expired.
| > |
| > | It got rejected because school forgot to sign check. Check sent off
| > | and
| > | now (as of today), application shows pending. Very likely to be
| > | approved BUT..
| > |
| > | She is Australian. I-94 expires 27th May.
| > |
| > | Doesn't look good does it?
| > |
| > | --
| > |
| >
| > Where did you get that information that you can apply for OPT on M-1?
| >
| > OPT is not authorized for M-1.
| >
| > M-1 is for vocational studies not exceeding one year.
|
| And I though if approved, you can have one month of practical training
| for every four months of study you have completed. with a max of six
| months total practical training time
|
| --
|

That's true. We just don't refer to it as OPT like the one for an F1.
M1 can work if authorized practical training 1 month for every 4 months of
studies completed. Authorized stay will be given as long as the length of
course duration plus 30 days not to exceed one year.

franc11s

Thanks for your help.

Clearly stated she and school applied for OPT.. !!! They cancelled Cruise.