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H1 Visa Stamping

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  • H1 Visa Stamping


    This is Prashanth. I planning to attend H1 Visa interview in April 09. If my H1 gets queried or rejected, am I eligible to apply for F1 Visa and will it have any effect on F1 Visa? Can I attend the visa interview taking one month gap after going back to India?

    Thank You

  • #2
    It is a difficult scenario. By applying for H1b, you are saying that you want to go there and work and likely settle down if you happen to like it, which has a dual intent.

    For a F1, you need to have and prove non-immigrant intent to the VO. Something that can prove that you will not settle down in US and return to home country after your studies.

    The order this is happening can prove otherwise in your case as you seem to be in US in one way or the other which might make the VO reject the F1.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.