Can H1 and F1 be applied at the same time

[ranjanabhay]

Hello,
My company is asking me to file H1 and I have plans of applying for F1 visa . Can these be done at the same time.Do we see any issue ?

Thanks,
Abhay

[kabkaba]

H1 petition filing by your employer and F1 Visa application by you will not affect each other.

However, if you apply for H1 Visa at a consulate/embassy (after petition approval) and then apply for F1 Visa at a consulate/embassy, your F1 Visa application may get greater scrutiny and possible denial. Since F1 Visa requires that you show non-immigrant intent and H1 Visa although not technically an immigrant Visa is a work Visa and conflicts with your study plans. The consular officer may not believe that your intention in applying for F1 Visa is purely studying.

If you apply for F1 Visa first and H1 Visa later, the H1 decision will not be affected by the F1 decision, however the consular officer may cancel the F1 Visa in your passport. Here again I am talking about H1 Visa application at the consulate and not H1 petition filing.

[ranjanabhay]

Thanks for providing valuable insights.Appreciate your help!!

[ranjanabhay]

Hi,
Thanks for giving the inputs.So if I understand correctly, even applying for H1 petition is not advisable when I have intentions of applying for F1?

Thanks,
Abhay

[kabkaba]

No, you don't understand correctly. H1 petition and F1 Visa are not related.

[ranjanabhay]

Hello,
Although h1 petition and F1 visa are not related but wouldn't the visa officer at the time of F1 visa interview know that my company has already filed for H1B petition as well and as a result might conflict with my non-immigrant intent and may possibly lead to visa denial.


Thanks again for all the help.

Abhay

[kabkaba]

We don't know what they see in their systems, but H1 petition is not your petition, it is filed by the employer. So technically, you have not applied for anything at that stage and hence you will not be questioned about that. If you are asked why are you planning to study when your employer wants you to work or whether you will quit your job when you start studying, you should be able to convince the officer that you are really intending to study and that is why you have not applied for the Visa.

[ranjanabhay]

Thanks for finding time to anwser my question.

The question of applying for visa would come into picture only when my petition is approved.I have to apply for F1 in May and to the extent I know if everything goes well it would be June or July by the time the H1B petition is approved.So I do not have an option of applying for H1B visa before F1 and the Visa Officer would be well aware of this.

What do you suggest in such a scenario?

[kabkaba]

What do you really want to do? Do you want to work in H1 status or do you want to study? If study, you can tell them that you are quitting your job and any petitions filed by your employer do not matter to you. Don't presume what the consular officer is aware of, the interview is about you and your intentions, so answer accordingly.

[ranjanabhay]

Fi Visa

Hello,
I got my stamping done for F1 from US consulate in Kolkata but presently I am in France on work permit and want to travel from France to US. Can you guys let me know whether it is technically possible.


Thanks
Abhay

[sus4imm]

Can I apply for L2-F1 COS while my L2-H-1 COS is in process

Hi,

Currently I am in US on L-2. I need to leave US as my spouse (L-1) leaving US end of June'16. My H-1 picked and its in process.

Can I apply for L-2 to F-1 COS instead of leaving US.

If I leave US, will my H-1 COS will impact ?
Do I need to update my case to Consular process from COS? And what's the procedure?

Thank very much, it's time sensitive. Your response is HIGHLY appreciated.

Thanks,
SM

[SKDS160]

Hi,

Currently I am in US on L-2. I need to leave US as my spouse (L-1) leaving US end of June'16. My H-1 picked and its in process.

Can I apply for L-2 to F-1 COS instead of leaving US.

If I leave US, will my H-1 COS will impact ?
Do I need to update my case to Consular process from COS? And what's the procedure?

Thank very much, it's time sensitive. Your response is HIGHLY appreciated.

Thanks,
SM

If you leave US, your COS will be abandoned.