British Expats

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-   US Immigration, Citizenship and Visas (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/)
-   -   B1 Visa holders and F1 (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/b1-visa-holders-f1-316651/)

Funky Jul 28th 2005 6:35 pm

B1 Visa holders and F1
 
Hello,

Do answer this question even if it has been asked for a 100th time.

Does a B1 visa valid for 10 years draw suspicion of 'intent' when the holder applies for F1 visa? Would the consulate reject your F1 application if you worked for a company like GE?

Ingo Pakleppa Jul 28th 2005 9:13 pm

Re: B1 Visa holders and F1
 
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A B-1 visa is typically evidence of *non-intent" and therefore shouldn't
be a problem with an F-1. It may to some extent depend on individual
circumstances. such as how much time you actually spent in the USA and
for what reason, and whether you are going to completely sever your ties
with your foreign employer.

Funky wrote:
    > Hello,
    >
    > Do answer this question even if it has been asked for a 100th time.
    >
    > Does a B1 visa valid for 10 years draw suspicion of 'intent' when the
    > holder applies for F1 visa? Would the consulate reject your F1
    > application if you worked for a company like GE?
    >


- --
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
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Funky Jul 29th 2005 3:53 am

Re: B1 Visa holders and F1
 
Does that mean I should tell the consul that I will NOT sever my ties with the foreign employer - and that I would most likely join the same company once I return?


Originally Posted by Ingo Pakleppa
-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

A B-1 visa is typically evidence of *non-intent" and therefore shouldn't
be a problem with an F-1. It may to some extent depend on individual
circumstances. such as how much time you actually spent in the USA and
for what reason, and whether you are going to completely sever your ties
with your foreign employer.

Funky wrote:
    > Hello,
    >
    > Do answer this question even if it has been asked for a 100th time.
    >
    > Does a B1 visa valid for 10 years draw suspicion of 'intent' when the
    > holder applies for F1 visa? Would the consulate reject your F1
    > application if you worked for a company like GE?
    >


- --
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
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Version: GnuPG v1.4.0 (GNU/Linux)
Comment: Using GnuPG with Mozilla - http://enigmail.mozdev.org

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Ingo Pakleppa Jul 29th 2005 8:00 am

Re: B1 Visa holders and F1
 
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Hash: SHA1

Funky wrote:
    >> A B-1 visa is typically evidence of *non-intent" and therefore
    >> shouldn't
    >> be a problem with an F-1. It may to some extent depend on individual
    >> circumstances. such as how much time you actually spent in the USA and
    >> for what reason, and whether you are going to completely sever your
    >> ties
    >> with your foreign employer.

    > Does that mean I should tell the consul that I will NOT sever my ties
    > with the foreign employer - and that I would most likely join the same
    > company once I return?

No. ALWAYS tell the truth, whether or not you are going to sever the ties.

That said, there is no magic formula here. Just put yourself into the
position of the officer looking at your application. Will he be
convinced that you will be returning to your home country? Will he be
convinced that you won't be working illegally? Those are really the two
main questions.

The reason ties to the employer could make a difference is that they
*may* suggest that you plan to continue doing business even while on
F-1. And that would be illegal.

Whether or not this impression will arise depends way too much on the
overall situation for me to give you a good answer.

What I can tell you is that, based on what you have said here so far, I
wouldn't worry too much.


- --
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
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