New F1 during OPT

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Old Dec 4th 2018, 10:30 am
  #1  
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Default New F1 during OPT

Hi

I am currently on F1 OPT which runs to June 2019. I've been in full employment, in the same field of study, since my OPT became effective in June 2018.

My F1 visa stamp expired in July 2018, but last week I travelled home to the UK to visit family (serious illness, I couldn't not come back). I have now submitted a new F1 application, so that I can go back to the states until my OPT ends in June 2019.

Does anyone on here have any tips or experience with how a new F1 consular interview, post-graduation during OPT might go? I've still got 6.5 months left of OPT. I'm quite nervous, as I really want to be able to finish my OPT (the job is with a great company on a great salary, and would look really good on my CV in London). Plus, I paid a ton to study there - the payoff is the OPT experience in the back end!

Any tips/thoughts?

Many thanks
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Old Dec 4th 2018, 2:29 pm
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Default Re: New F1 during OPT

My situation is very similar to this guy:

F-1 No decision at interview but no 221g

But I have a full time job and I have a letter from my employer confirming that I am currently employed by them, until the expiry of my OPT.

I cannot respond on that thread because it was closed. I wonder how he got on.
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Old Dec 4th 2018, 3:18 pm
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Default Re: New F1 during OPT

I have seen this discussed but not recently and for the life of me forget the details.

My pathetic recollection is that the issue relates to that you are not requiring a F to study, that is finished but you need a visa to enter and continue OPT.
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Old Dec 4th 2018, 3:42 pm
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Default Re: New F1 during OPT

Yes, that is the issue. However I do recall some fervent argument on the board that OPT is study, for all intents and purposes.

Whether the consulate official sees it that way, is another matter...

But if OPT is not considered study, and the F-1 is denied, then it's quite the Catch 22.
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Old Dec 4th 2018, 7:59 pm
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Default Re: New F1 during OPT

You cannot get a new F1 firstly, as you will not be going to the US to study, secondly, because the first F1 is still valid. Your F-1 is marked D/S (Duration of Status) and OPT is an extension of your F1 study program regardless that you have formally graduated. At the expiration period of the OPT (optional training) period, you are then required to leave the US or seek a new visa. You are permitted to travel using your unexpired F1 visa.

There isn't a Catch 22 situation and a one time consultation with a well-versed immigration attorney should set your mind at ease that you shouldn't have any problems returning to the US to continue your OPT training.
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Old Dec 4th 2018, 8:01 pm
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Default Re: New F1 during OPT

Hey, you're a college grad. Google was simple and here's your definitive answer:
Can I travel outside the US while on OPT?
In general, an F-1 student on post-completion OPT may travel outside the U.S. temporarily and be readmitted to resume F-1 status and employment for the remainder of the period authorized on his or her EAD card. The student must not have exceeded the maximum OPT unemployment or OPT STEM Extension unemployment time.
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Old Dec 4th 2018, 8:25 pm
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Default Re: New F1 during OPT

Hi Rete

Many thanks. However my question isn’t about re-admission. My F1 visa stamp has expired. So i can’t be re-admitted into the country currently.

My question is about renewing (but in fact, just applying for a new) F1 visa, at the embassy, whilst on OPT.
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Old Dec 4th 2018, 8:30 pm
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Default Re: New F1 during OPT

Originally Posted by Mjdee86
Hi Rete

Many thanks. However my question isn’t about re-admission. My F1 visa stamp has expired. So i can’t be re-admitted into the country currently.

My question is about renewing (but in fact, just applying for a new) F1 visa, at the embassy, whilst on OPT.
I'm sorry but your F1 stamp has not expired. There is no date on the F1 stamp in a passport. It is for the D/S duration of status. I thought you were going back to continue your OPT employment. But if you are going back to study, then that is a horse of a different color.

Last edited by Rete; Dec 4th 2018 at 8:32 pm.
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Old Dec 4th 2018, 8:34 pm
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Default Re: New F1 during OPT

Sorry when I said “stamp” I mean the F1 page in my passport.

It has a date - and it expired 5 months ago. My F1 was only granted for 1 year.
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Old Dec 4th 2018, 8:36 pm
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Default Re: New F1 during OPT

And I am going back to finish my OPT
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Old Dec 4th 2018, 9:10 pm
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Default Re: New F1 during OPT

The Visa has expired, the D/S stamp would have been voided effectively when he left and the OP is now seeking a new visa to re enter.
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Old Dec 4th 2018, 10:34 pm
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Default Re: New F1 during OPT

Originally Posted by Rete
I'm sorry but your F1 stamp has not expired. There is no date on the F1 stamp in a passport. It is for the D/S duration of status. I thought you were going back to continue your OPT employment. But if you are going back to study, then that is a horse of a different color.
F1 stamp has expired, OPs period of authorized stay had not - however upon leaving that all but ends that. To re-enter, it would need to be renewed. I would recommend getting in touch with the DSO of your school - they should have a procedure in place as they are still the sponsor of your F1.
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Old Dec 4th 2018, 10:36 pm
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Default Re: New F1 during OPT

Originally Posted by Mjdee86
Hi

I am currently on F1 OPT which runs to June 2019. I've been in full employment, in the same field of study, since my OPT became effective in June 2018.

My F1 visa stamp expired in July 2018, but last week I travelled home to the UK to visit family (serious illness, I couldn't not come back). I have now submitted a new F1 application, so that I can go back to the states until my OPT ends in June 2019.

Does anyone on here have any tips or experience with how a new F1 consular interview, post-graduation during OPT might go? I've still got 6.5 months left of OPT. I'm quite nervous, as I really want to be able to finish my OPT (the job is with a great company on a great salary, and would look really good on my CV in London). Plus, I paid a ton to study there - the payoff is the OPT experience in the back end!

Any tips/thoughts?

Many thanks
I would imagine, if you are a British citizen, it would be similar to your original F1 interview. You likely will have to explain why you left, so try have some documentation just in case. Also take documents such as job contract and previous I-20 - and anything supporting from the school.
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Old Dec 4th 2018, 11:12 pm
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Default Re: New F1 during OPT

Thanks both.

Yes ive been in touch with the DSO and she has advised me to bring those documents.

I understand it is slightly riskier renewing whilst on OPT rather than still going to lectures, but not impossible. I just wondered if anyone else had been through the same.

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Old Dec 4th 2018, 11:25 pm
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Default Re: New F1 during OPT

Originally Posted by Mjdee86
Thanks both.

Yes ive been in touch with the DSO and she has advised me to bring those documents.

I understand it is slightly riskier renewing whilst on OPT rather than still going to lectures, but not impossible. I just wondered if anyone else had been through the same.

Good luck, and I hoipe someone here has been through it. I used to work in International Student Services and I never came across this. Had students still studying leave on expired visas, and OPT students leave on unexpired docs but I can guarantee this is't unheard of...just not sure how many F1s use this board.
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