Legal Question in Immigration Law in California

Hi. I am currently on H-4 Visa. I started my degree from International Technological University , Sanjose, California from Fall -2015. My F-1 got approved on 12th Feb 2016 however I defered my program start date which is now 16th May on I-20. According to my I-797 my F-1 is valid from 7th April till the duration of study.

My question is I want to go India for a family emergency and get my stamping done.My university is not providing me a new I-20 stating I am continuing student untill 16th May as this is the start date of my summer trimester and they say only on 16th May we will update your Sevis and you will be on F-1 Visa.

So, Is it advisable to go now and get my stamping done. I am enrolled for 8 credits in this trimester and will be enrolling 9 credits(ie: full time ) in summer.

Please advice is there a risk in going now and getting stamping done with a valid I-20 that states " change of status" and not " continuing student".

Also please suggest when is the best time to go for stamping.

Thanks


Asked on 3/13/16, 11:03 pm

1 Answer from Attorneys
Shah Peerally Shah Peerally Law Group PC

I do not recommend going with such a short time. Try to get a new I-120 then go or transfer get a new I-120 then go. See tips on F1 https://www.youtube.com/watch?v=L26cif9JCWI

Information provided is purely educational. You should not act or refrain to act solely on the information.

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Answered on 3/13/16, 11:22 pm


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