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Renew a F-1 visa after a H-1B visa gets selected and approval

Boston, MA |

I am an international student and will graduate at the end of 2014. I just got a full-time offer and will start working from Feb 2015. My employer want me to apply for a H1B visa with consular process right now. However, I plan to go outside of U.S. and renew my F1 visa this summer. I am wondering if my H1B visa is selected and approval, can I renew my F1 visa successfully? Will the consulates check or reject my renewal application? Thanks!

Attorney Answers 3


H1b is a dual intent visa which shouldn't conflict with f1 status

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You appear to be rightfully concerned about your pending immigration visa and want to remain lawfully in the United States. Also, it seems you desire to do everything legally correct.
If these premises are correct, promptly delegate any of your pressing issues to the counsel of record, who has all the case documentation and is intimately familiar with the case's details which is the only legally appropriate measure under your narrative.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois

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In general, F-1 student visa requires nonimmigrant intent, while H-1B falls into a dual intent visa category (meaning that it is both nonimmigrant and immigrant). You should consult with an immigration attorney about your plans, a lot more info is needed to see what options you may have. As far as the consular F-1 visa application goes, the Consular Officer will decide after the consular interview and based on the F-1 application and supporting documents.

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