What to do if your F1 visa expires during OPT?
Process and Interview Experience for F1 Visa Renewal in your Home Country during OPT
Guide to F1 Visa Renewal in a Third Country
Short-term Travel with an Expired F1 Visa: Understanding Automatic Visa Revalidation (AVR)
If you participated in the H1B lottery during OPT, will renewing your F1 visa be at risk of rejection?
First of all, don't worry! If your F1 visa expires during OPT, it's not a problem. In simple terms, you don't need to do anything.
Why?
The F1 visa is for entry and exit purposes. The expiration date on the visa represents the latest date by which you can enter the United States. Once you enter, the validity of your status is determined by the duration mentioned on your I-20. Therefore, during OPT, as long as you don't need to travel in and out of the country and your OPT I-20 is still valid, you can legally stay and work in the US until your I-20 expires.
It's not as difficult as you might think.
Currently, as long as you have sufficient documentation, most individuals have successfully renewed their visas. The cases that undergo additional scrutiny are usually due to individual reasons. After completing the required quarantine in your home country, you need to make an online appointment to attend a visa interview at the US consulate.
Documents required for the visa interview:
Confirmation of DS-160 form
Confirmation of the appointment
Valid passport (with at least 6 months of validity remaining)
Latest I-20
EAD card
Job offer from the company
Employment verification letter from the company
Pay stubs/tax records
Resume
Social Security Number (SSN)
*Based on the cases we have collected, in most situations, only the first four documents are usually checked. However, it's advisable to prepare all the documents just to be safe.
When did you graduate?
What is your major?
Where do you work? What is your job title? What are your job responsibilities?
How did you find this company? Tell me about the company and your work there.
How many years of OPT do you have? Which year are you currently in? What are your plans after OPT?
Sample answer: "I am currently in my first year, and my plan is to utilize the full three years of OPT and then return to my home country to find a job."
*Important note: Answer the questions truthfully, as they are meant to establish the legitimacy of your OPT (having the right to use OPT, aligning your occupation with your major, having a legitimate job offer). Additionally, remember that during OPT, you are still using the F1 visa, which falls under the non-immigrant visa category. Therefore, you need to demonstrate that you have no intention of immigrating to the US. A typical response is to express a desire to utilize the opportunities provided by OPT to gain valuable internship experience and plan to return to your home country for work after completing OPT.
As mentioned earlier, if you don't need to leave the United States during OPT, there's no need to go through the hassle of renewing your F1 visa. However, some students may have work-related travel or simply want to travel and not be confined to the United States, so they need to renew their F1 visa. Due to the ongoing strict travel policies in China related to the pandemic, the cost of returning to China for visa renewal is high. In such cases, choosing to renew the F1 visa in a third country is a highly viable option.
Strong recommendation: If your F1 visa has expired during OPT, it is advisable to avoid unnecessary travel and not leave the United States unless it is absolutely necessary.
📌The most common choice is Canada or Mexico.
For traveling to Canada, you need a Canadian entry visa. For traveling to Mexico, as long as you stay within 30 kilometers of the US-Mexico border, you only need an entry permit (I-94 | I-20) (your US visa remains valid when entering Mexico).
Fill out the DS-160 form. You are probably familiar with this form, but there is one detail to note. If the embassy/consulate listed on your DS-160 form does not match the one you selected during the appointment scheduling, you will need to fill out a new DS-160 form. Usually, people fill out the form first and then schedule the appointment (as you need the DS-160 confirmation number to see available appointment slots). If you notice a discrepancy between the two, you can submit a new DS-160 form to correct it.
Schedule the visa interview. The appointment website is: ais.usvisa-info.com. Choose "Canada" or "Mexico" -> "Apply" and follow the instructions to complete the appointment process.
Documents to prepare:
Passport (with at least 6 months of validity remaining)
I-20 (both the current and previous ones)
DS-160 CEAC Confirmation page + Instructions
Two passport-sized photos
I-94
Bank statement
Photocopies: Passport bio page, [Canada Visa - if traveling to Canada], Old F-1 Visa, Driver's License, Social Security Number (SSN), Employment Authorization Document (EAD)
Employment letter, Resume, Pay slips, W-2 (if applicable), EAD, I-797C, I-983
If the destination country or the United States has implemented new entry or exit requirements due to the pandemic, such as vaccination cards or negative COVID-19 test results, make sure to prepare them in advance.
⚠️ To expedite the process, you can first check the official website of the US Embassy to see which consulate has the shortest wait time.
⚠️ Before making a decision, check flight tickets and plan your itinerary accordingly, in addition to considering visa requirements.
While Canada and Mexico are the most common choices, there's no need to limit your chooice. EU countries, the UK, Singapore, Morocco, Cambodia, and others accept US visa applications from non-residents. Many people take the opportunity to plan a trip and complete the visa process at the same time.
Step 1: Travel to the third country (with a valid entry visa for that country).
Step 2: Schedule the US visa interview for a date at least 14 days later.
*Note that many countries require non-residents to have been residing in the visa application location for 14 days before applying. This requirement was introduced due to the impact of the pandemic. Make sure to check this requirement beforehand to avoid being turned away upon arrival.
Step 3: Attend the visa interview and obtain the US visa.
Step 4: Enter the United States.
⛔️ Applying for a US visa in a third country may have different payment methods for visa fees. It's important to inquire about this in advance.
⛔️ Each individual case is different. If your case is slightly complex and the consular officer at the third-country embassy suggests that you return to your home country for processing, there is a risk of unnecessary refusal records.
Please note that the interview questions and answers mentioned earlier apply to this situation as well.
Yes, you can.
Thanks to the Automatic Visa Revalidation (AVR) policy, even if your US visa has expired, you can still travel to Canada, Mexico, or certain Caribbean islands!
As long as your US immigration status (I-20) is valid and you haven't applied for a new visa during your current departure from the US, you can reenter the US within 30 days from Canada, Mexico, or certain Caribbean countries without a valid US visa.
📌 It's important to note that this policy is separate from Canadian visas. You will still need a valid Canadian visa to enter Canada.
📌 For entry into Mexico by land, it is permissible, but if you plan to fly there, you will need a Mexican visa. Some individuals have attempted to fly to Cancun without a Mexican visa, but they were unsuccessful.
📌 While using AVR to travel outside the US, you cannot apply for a visa or travel to areas not covered by AVR before returning to the US. Once there is a likelihood of departure, you will be unable to return.
Please note that if you choose to utilize AVR for travel, you should strictly adhere to the guidelines mentioned above.
Participating in the H1B lottery does not mean you have applied for an H1B visa. To enter the actual H1B application process, you need to be selected in the lottery and submit your application materials to the USCIS. Therefore, the key point is not whether you participated in the lottery, but whether you have reached the step of submitting an H1B application to the USCIS.
👉 If you have been selected in the H1B lottery and have already submitted your application to the USCIS, attempting to renew your F1 visa at this stage is likely to result in a denial. This is because the F1 visa is for individuals with "non-immigrant intent," while the H1B visa indicates "immigrant intent." These two intentions conflict with each other. However, if your F1 visa renewal is denied, you can wait for the USCIS to approve your H1B and then go for an H1B visa interview at the consulate and enter the US using the approved H1B visa.
👉 If your F1 visa is about to expire and you need to frequently travel in and out of the US during the OPT to H1B transition period due to work or other reasons, it is advisable to renew your F1 visa before the H1B lottery takes place in April. This will allow you to have the flexibility of travel while your H1B application is being processed. Using your valid F1 visa for travel during the H1B processing is generally acceptable.
“The above content is not legal advice, but rather a sharing of knowledge and experience. If you need legal advice, please seek the advice of a professional lawyer ”
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