At Murthy Immigration Services, we often receive inquiries from F-1 Students, who have stayed more than five months in India and seeking to return to the U.S. to complete the course. In accordance with prevailing U.S. immigration laws, a student’s record in the Student and Exchange Visitor Information System (SEVIS) is terminated if the Student has spent more than five months outside the United States during an absence from school. This is called the “Five-Month Rule”. One exception to this rule is if the F-1 student has stayed outside the United States to pursue a study / program abroad, approved by the school.

In such cases, the DHS has clarified that a student whose student record is terminated and falls under the “Five-month rule” can obtain a new/initial Form I-20, “Certificate of Eligibility for Non-immigrant Student Status,” with a new SEVIS ID and pay the I-901 SEVIS Fee again to re-enter the U.S. A new F1 visa is required only if the student’s current F1 visa is no longer valid. More details can be found here.

Students who are in doubt about the validity of their visas after a stay of five months outside the U.S. should seek legal advice from an experienced Immigration Attorney prior to travel.