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  1. #1
    Join Date
    May 2015
    Posts
    1

    Exclamation Application for a New F-1 Visa After a Possible Prior Overstay

    Hi experts. I'm from China, I graduated and got my Master's Degree from a University in the U.S. on 12/20/2012. I applied for OPT before I graduated (Around November 2012), and the staff there told me to wait for notice to pick up my I-20. But the Office failed to give me notice. So on 01/24/13 I emailed the staff from whom I was told that my I-20 had been ready since 12/14/12. Then I went there to get it. However, at that time this I-20 already expired because it had been more than 30 days since 12/14/12 when it was issued. So my DSO provided me a new I-20 on which the issued date is 01/28/13, and he told me to use it to apply for OPT.

    I followed all the rules and got the receipt from USCIS on 02/05/13. However I got a denial decision from USCIS on 03/25/13. They’ve stated the reason as:
    “The record shows that you filed your Form I-765 on February 1, 2013. You must file the form I-765 with USCIS within 30 days of the date the Designated School Official (DSO) entered the recommendation for OPT into your SEVIS record. You applied for OPT on December 14,2012. At that time of filing your From I-765, more than 30 days elapsed since your DSO entered the recommendation for OPT into your SEVIS record.”

    As analyzed by an attorney, we concluded that my DSO failed to update my SEVIS record after 01/28/2013. And that's the reason I got the denial decision.

    Then I was suggested to fill the I-290B form and file the Motion to Reopen with an expedited handling request, I did this around mid April 2013. Then I waited in the U.S. for the result until May 15th, 2013 when there was still no result, so I left the U.S. and came back to my home country on May 15th, 2013.

    Even now that Motion to Reopen case is still pending at USCIS, I checked it every week!

    Now I've offered admission from another university and they issued me a new I-20. When I was preparing my new F-1 Visa and filling DS-160, I saw a question that maybe a problem: Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa?

    Should I answer Yes or No? If Yes, how should I explain on DS-160? Does this jeopardize my new I-20 Visa application?

    Thanks for your attention.
    Best regards.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Application for a New F-1 Visa After a Possible Prior Overstay

    You have told us that your application for work authorization was denied, but you have not indicated that you overstayed your visa. You are in a position to know whether you remained in status on your F1 visa following the denial of EAD/OPT, or if you returned home, while you have not shared with us when your academic program ended in relation to your departure from the U.S.

    If in fact you overstayed, then your answer is "yes" and your explanation would presumably be what you've shared with us. Any overstay has the potential to affect a future application for a visa. If an overstay lasts 180 days or longer, it triggers a period of ineligibility.

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