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F1 visa Denial for H1b Holders?

F1 visa Denial for H1b Holders?

Old Sep 26th 2002, 9:20 am
  #1  
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Default F1 visa Denial for H1b Holders?

Hi,

Same old question. Is it tru that US embassies do not encourage H1b holders or returnees to get F1 visas on pretext of frauds or pre conceived intent ??
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Old Sep 26th 2002, 4:58 pm
  #2  
Stuart Brook
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Default Re: F1 visa Denial for H1b Holders?

Funky wrote:
    > Hi,
    > Same old question. Is it tru that US embassies do not encourage H1b
    > holders or returnees to get F1 visas on pretext of frauds or pre
    > conceived intent ??

If you have been in the US on an H1B, you are not required to maintain a
residence abroad that you have no intention of abandoning. If you
change to a status that requires that you have a residence abroad, you
will not meet that requirement. Real simple.
 
Old Sep 26th 2002, 5:18 pm
  #3  
Joachim Feise
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Default Re: F1 visa Denial for H1b Holders?

Stuart Brook wrote:
    > Funky wrote:
    >>Hi,
    >>Same old question. Is it tru that US embassies do not encourage H1b
    >>holders or returnees to get F1 visas on pretext of frauds or pre
    >>conceived intent ??
    > If you have been in the US on an H1B, you are not required to maintain a
    > residence abroad that you have no intention of abandoning. If you
    > change to a status that requires that you have a residence abroad, you
    > will not meet that requirement. Real simple.

Well, while H1 doesn't *require* you to maintain a residence abroad,
it doesn't prevent you from doing so.
So if you maintained a residence abroad, and can show that, you should
not have a problem getting an F1.
 
Old Sep 26th 2002, 5:34 pm
  #4  
Sylvia Ottemoeller
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Default Re: F1 visa Denial for H1b Holders?

"Funky" wrote in message
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...

    > Same old question. Is it tru that US embassies do not encourage H1b
    > holders or returnees to get F1 visas on pretext of frauds or pre
    > conceived intent ??

I think it is fair to say that the U.S. government, which includes the U.S.
Embassies, does not encourage fraud of any kind.
 
Old Sep 26th 2002, 7:14 pm
  #5  
L D Jones
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Default Re: F1 visa Denial for H1b Holders?

Funky wrote:
    > Hi,
    > Same old question. Is it tru that US embassies do not encourage H1b
    > holders or returnees to get F1 visas on pretext of frauds or pre
    > conceived intent ??

I can't conceive of a situation in which they would. This is an odd
question

Do you mean to ask whether it is possible for an H-1B holder to obtain
an F-1?
 
Old Sep 27th 2002, 11:06 am
  #6  
Cheerful
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Default Re: F1 visa Denial for H1b Holders?

I had no trouble switching from H1 to F1 in 1996, I got the change of status
approved in the US, then a year later when I was in India, I went to the
consulate with the approval notice and the I20 (or whatever it is the
university provides) and they stamped it on the passport no questions asked.

"Funky" wrote in message
news:[email protected]
.com
...
    > Hi,
    > Same old question. Is it tru that US embassies do not encourage H1b
    > holders or returnees to get F1 visas on pretext of frauds or pre
    > conceived intent ??
    > --
    > Posted via http://britishexpats.com
 
Old Sep 27th 2002, 11:38 am
  #7  
Stuart Brook
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Default Re: F1 visa Denial for H1b Holders?

Cheerful wrote:
    > I had no trouble switching from H1 to F1 in 1996, I got the change of status
    > approved in the US, then a year later when I was in India, I went to the
    > consulate with the approval notice and the I20 (or whatever it is the
    > university provides) and they stamped it on the passport no questions asked.

That was 1996 ... this is 2002, you know, after Sep. 11, 2001, when some
idiots who came to the US as students under comparatively lax standards,
took some flying lessons and did a few suicide missions killing
themselves and thousands of others.

Changes have happened ... expect more.
 
Old Sep 29th 2002, 12:19 pm
  #8  
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Default Re: F1 visa Denial for H1b Holders?

Not here to discuss terrorists. By the way, you must complement the US education system that trains buttheads, or meatfaces like those, to aim a real big aircraft home!!

I am talking about a genuine technocrat who went to the US in early 2001 and found the economic scene too bad to stick around gracefully. He returns within a weeks time; has residence in home country. His residence does not change.

Now, is this a case that could lead someone to believe that you could be involved in a fraud or some intent??
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Old Sep 29th 2002, 3:43 pm
  #9  
Stuart Brook
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Default Re: F1 visa Denial for H1b Holders?

Funky wrote:
    > Not here to discuss terrorists. By the way, you must complement the US
    > education system that trains buttheads, or meatfaces like those, to aim
    > a real big aircraft home!!
    > I am talking about a genuine technocrat who went to the US in early 2001
    > and found the economic scene too bad to stick around gracefully. He
    > returns within a weeks time; has residence in home country. His
    > residence does not change.
    > Now, is this a case that could lead someone to believe that you could be
    > involved in a fraud or some intent??

Sadly, Immigration laws from most countries, and the US in particular,
has a decided guilty until proven innocent bias. The fact that he went
home after a short time on H1B is unusual ... and unusual things raise
suspicions that complement the guilty until proven innocent scenario.

Stuart
 

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