Columbus, OH asked in Immigration Law for Ohio

Q: Will my F1-visa renewal be denied?

I am from India. I am currently doing my PhD in US and I have lived in US for 5.5 years. I earned Master's degree in the first 2 years, I worked on OPT for the next two years and joined PhD program in August 2017. While I was working on OPT, my employer applied for H1-B in April 2017 and my petition got approved. However, I made a last minute decision to pursue PhD and quit my job. So, the petition was withdrawn. I am currently maintaining my F1-status. My F1-visa expired this year and I have to get it renewed. However, I am worried that the H1-B petition will create issues during my renewal. Do you think my visa renewal can get denied because of that?

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2 Lawyer Answers
Matthew Williams
Matthew Williams
Answered
  • Cleveland, OH
  • Licensed in Ohio

A: As long as you are completely honest with USCIS, and legitimately in a PhD program, it is unlikely it will be issue. People nearing the end of their education are usually also looking for jobs and sometimes change course whether it is leaving a PhD program to accept a good job offer, or deciding not to pursue a job to continue your education. Just make sure you are completely honest and provide ever last bit of evidence and documentation you can get your hands on.

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: As long as you are otherwise eligible for an F-1 visa, the fact that an H1B visa was filed on your behalf and later withdrawn should not impact your ability to extend your F-1 status.

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