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Hello, I just finished the maximum amount of time on my H1B in May 6.5 years with recapture and now I am applying for my F1 in India. I have a visa appointment on monday. I have been accepted to a top 20 program in statistics at penn state. I didn't want to apply sooner because I didn't have enough valuable work experience. This program is only a year long and I will return next year after it is done. I really want to get a degree from America because it will help me secure an even better job in India and support my Mom and Dad. Do you think that it is possible to get an F1 visa even after I have had so many years under my belt with H1B? I knows the interviewer will be suspicious on my intent to immigrate but I truly do not want to stay here as my family needs me in India. Thanks so much!
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
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Alan Lee & Arthur Lee, Attorneys at Law
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It may be difficult to convince an American consular officer to issue the F-1 visa to you so soon after you spent such a long time on H-1B status in the U. S. You are correct that the interviewer will be suspicious that you have no intention to truly return home. You can bring whatever documentation that you believe is appropriate to convince the officer that you have nonimmigrant intent, such as proof of your ties and bonds familially and economically with the homeland. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Aug 11th, 2015 at 7:55 AM