Springfield, IL asked in Immigration Law for Illinois

Q: Is booking H1b and F1 visa at the same time in a different time line is not a good idea? Different answers from lawyers

Hi. I have called three lawyers about this. And I paid them consultation fee. Lawyer A : It is okay to book two at the same time, but you need to prove that you don't have immigrant intent to get Student(F1) VISA. Also, if you did not get F1, it would not affect for your H1b visa interview because those two has different criteria. Lawyer B : It is super risky to book two visas which has different intent. You are wanting to become a student which means you don't want to work anymore and solely focus on the study. But if you have H1b stamping interview already booked a week after then you are kind of lying. Lawyer C says: I think you should just go and try. (Both try for getting F1 or H1b) They are human too. Don't cancel your H1b interview. They will understand that you have a job and They will understand that you have a job and wanting to go back for the job if you dont get the student visa. Getting deny for F1 wouldn't affect your H1b interview. I want to become a Student. (f1 visa)

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1 Lawyer Answer
Kevin L Dixler
Kevin L Dixler
  • Immigration Law Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: The proper questions may have been avoided. The issue is what do you want to do; study or work? It should be one or the other for the purposes of the visit. If you apply for something that ‘you don’t need’ at this time, it can be denied. It can also reasonably draw suspicion.

Ultimately, another issue is the validity of the H1b and job offer. Perhaps, the F1, as well. If you must find work, or work for an employer other than the petitioner, then the consular official may be reasonably concerned about the H1b visa petition. This may bring scrutiny, among other facts yet to be disclosed.

Sometimes, attorneys want to avoid skepticism over the validity of the visas or a client’s actions. Again, either you plan to study in the U. S. or legitimately work for the stated employer. Which is it!

Regrettably, consular officials have the right to be skeptical and if they reasonably believe that the visa petitions are ‘questionable’ due to the particular school issuing the F1 or the employer petitioning the employee, then the visa petitions may be delayed indefinitely or revoked.

F1 visa fraud is a real problem. H1b visas have been improperly issued, as well. Choose wisely or reconsider both options Perhaps, find a more candid attorney to provide reasonable legal advice. Good luck.

The above is general information, not legal advice, and does not create an attorney client relationship.

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