QUESTION
Will I get a problem in applying for F1 visa if my sponsor might have terminated my J1 sevis?
Asked on Nov 25th, 2019 on Immigration - California
More details to this question:
I did my 1 year of J1 internship. My last day of contract was Nov 1 but the HR allowed me to leave the country by Oct 30. I booked a flight for Oct 31 12:45AM. Due to some reasons, my manager got mad at me last Oct 30 and told me he will make it look like I got terminated. They reported this to my sponsor and I got an email from my sponsor on Oct 31 about the issue with my manager. I told them about what happened on Nov 2 but I am unsure if they terminated my SEVIS while I was not in the country on Oct 31. My question is will I get a problem going back to US if I apply for F1 visa? I know I left the country the same date that they might have terminated my SEVIS but will the immigration know that I was not in country anymore when they terminated my SEVIS record?
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
Given the closeness of your leaving or termination of stay to the end of your J-1 internship, a reasonable consular officer would probably note that J-1 holders have a 30 day grace period from the ending of their program to leave the US, and most likely credit you with 30 days. In such case, you would not be considered to have overstayed, and the major concern would be your establishment of ties and bonds with your home country to satisfy the question of nonimmigrant intent, a sine non qua to the issuance of an F-1 visa. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Dec 19th, 2019 at 6:37 PM