Work VisaOct 18, 2019
Truefacechijgo

Renew F1visa on STEM-OPT.

My scenario: I'm on STEM-OPT with valid EAD up to Aug 2021, My current F1-visa stamp is expiring at the end of Dec 2019. Questions: 1. According to conditions of IWP(https://www.ustraveldocs.com/cu/cu-niv-renewal.asp), I think, I'm not eligible since, for the current F1-visa stamp which I got 4 years ago, I had to go through 221g!. So, I have to take an interview again!. Does this gonna complicate things? 2. Assuming, they don’t want to issue F1 extension for a short period of validity(close to additional 2 years from now), would they rescind the current valid F1-visa (valid until Dec 2019)too? I mean, once the extension application is rejected, would they cross off the current F1-visa stamp? If they do! returning to the USA is not possible until the employer applies for an H1B visa!, but If a visa officer doesn’t cross off the current stamp then I can still enter lawfully into states and just work on valid OPT for the rest of the period. Any suggestions, what happens to the current valid F1 stamp if they reject the extension application?

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VMware slak1ng Oct 18, 2019

If you have a valid EAD till 2021, it means you have already extended the OPT once. So there is no question of extending it again. Given your initial F1 stamping is near expiry, if you go out of country, you will have to get it restamped, and yes, you will need to schedule an appointment for it at a consolate. Your valid EAD should make it easy for you to get a new F1 stamped as long as other things are in place. And btw visa is just an entry document, it can be rescinded anytime at will by department of homeland security/uscis, if they want to. So that is indeed the worst case situation. You have no control over it. In my opinion best course of action is to *NOT* leave USA unless you get your H1b activated (earliest Oct 2020). Expired visa != Illegal presence. Valid I-94 lets you stay legally in USA not the visa.

Trueface chijgo OP Oct 19, 2019

Hello, I'm sorry if the question is not clear from my side. I want to renew my F1visa for the rest of the stem opt. That's the question. There are alot of speculations on internet, telling that getting f1 visa renewed over opt is tricky. I didn't find a single example, but people talk endlessly about the trickines, with no logic. I've not understood why it's risky ?, if the documentation is complete and everything is straight forward. One hand USCIS has given EAD a week ago and after a month there is a chance a Visa officer might deny f1 renew application. I want to meet my family, and I want to be flexible, I don't find a reason to just stick to USA until you get an h1b? It isn't illegal to work on OPT, more officially I'm getting practical training after my degree. Also, could you please let me know that whether you ever had this situation and what you did.? If you weren't then it's okay, I dont need more speculation. Hope you could understand. Thanks

VMware slak1ng Oct 19, 2019

I get the sentiment, it's the same deal with H1b extension when your old visa expires. Given the current administration which is determined as hell to fuck over legal immigrants for no reason, I try to err on the side of caution. But theoritically you are correct as long as all your documents are in place you should have no issues getting F1 visa restamped.