Emergency assistance required for F1 Visa

[David_raj]

Hello all,

I am on F1 Visa and pursuing my PhD.

I travelled to India because of emergency. After coming India, my H1B got approved but my status (sevis is not terminated).

As my status is not changed I travelled on my f1 visa. At POE, my F1 visa is withdrawn while I was traveling through Abu Dhabi and I came back to India. I did not apply for H1b extension, so H1b expired. My employer refused to provide the i797 copy to me and not ready to apply for h1b extension. 

Now I am in fingers crossed situation.

 

1. Can I apply for f1 Visa?

    a. Am I eligible for visa waiver program?

2. Can I apply for H1b?

     a. Do I need to go through lottery process again?

 

Please help me. 

 

Thanks

David

[User099]

1. Yes.

1. a No

2. Yes

2.a Yes

[David_raj]

3. Do I need to revoke my H1b before applying for f1 Visa?

[David_raj]

18 hours ago, Noah Lott said:

without a valid SEVIS, applying will do little good

 (a) no

2 - with what form????

(a) probably

Thank you for your reply.

Still my sevis is active.

2- Apply for h1b 

does it needs to be new h1b or extension?

If new, do I again need to go through lottery?

If extension, can I apply for extension with expired h1b?

 

[User099]

Its better to talk to an attorney to see why your visa was withdrawn at the POE. They might tell you what will be the best approach for your case.

If you don't address the underlying issues with your visa withdrawal, applying for the new visa will not be much helpful.  

[David_raj]

10 hours ago, User099 said:

Its better to talk to an attorney to see why your visa was withdrawn at the POE. They might tell you what will be the best approach for your case.

If you don't address the underlying issues with your visa withdrawal, applying for the new visa will not be much helpful.  

Thank you for your reply.

 

My F1 visa was with drawn at POE. Immigration officers did not give me any documentation for the withdrawn. 

 

22 CFR 41.122(h)(3) This is what they wrote on my visa.

I do not have any idea on this. 

 

Can someone please interpret the code?

 

Thanks

 

[User099]

22 CFR 41.122(h)(3): The alien is notified pursuant to INA 235(b) by an immigration officer at a port of entry that the alien appears to be inadmissible to the United States and the alien requests and is granted permission to withdraw the application for admission;

My Interpretation from the details what you provided, it looks as if :

1. You did or say something to the officer which was not in line with the F1 rules.

2. You have an H1 pending at that time which means you intend to work and goes against F1 rules.

 

[David_raj]

1 hour ago, User099 said:

22 CFR 41.122(h)(3): The alien is notified pursuant to INA 235(b) by an immigration officer at a port of entry that the alien appears to be inadmissible to the United States and the alien requests and is granted permission to withdraw the application for admission;

My Interpretation from the details what you provided, it looks as if :

1. You did or say something to the officer which was not in line with the F1 rules.

2. You have an H1 pending at that time which means you intend to work and goes against F1 rules.

 

Thank you for your reply.

 

My h1b was approved while I am in India but my sevis did not become inactive. So I was under the assumption traveling on f1 visa. 

My F1 visa is withdrawn at POE and h1b is expired.

1. What is my status now?

 

Now I am planning to apply for F1 Visa. 

2. Does revoking my expired h1b visa is a good option before going for F1 Visa interview?

 

Thanks

 

 

Edited March 4, 2020 by David_raj
added few points

[pontevecchio]

Where were you pursuing your Ph.D.?

Edited March 5, 2020 by pontevecchio

[User099]

19 hours ago, David_raj said:

My F1 visa is withdrawn at POE and h1b is expired.

1. What is my status now?

None.

19 hours ago, David_raj said:

Now I am planning to apply for F1 Visa. 

2. Does revoking my expired h1b visa is a good option before going for F1 Visa interview?

Nothing to revoke as your H1 is expired. You can try for a F1 visa, but there is a high chance they might reject it as you had other intentions other than to study and go back to home country. If the VO thinks its a genuine PhD they might issue you a new F1 visa. Before that you might have to get  your sevis activated so talk to your DSO about it.  

Consulting with an attorney might be a good option on the next steps and what to expect in the visa interview. 

[David_raj]

On 3/5/2020 at 8:35 PM, User099 said:

None.

Nothing to revoke as your H1 is expired. You can try for a F1 visa, but there is a high chance they might reject it as you had other intentions other than to study and go back to home country. If the VO thinks its a genuine PhD they might issue you a new F1 visa. Before that you might have to get  your sevis activated so talk to your DSO about it.  

Consulting with an attorney might be a good option on the next steps and what to expect in the visa interview. 

Thanks for your reply.

I spoke to DSO and checked my status, its still active. 

Thank you for your advice. 

Thanks

[MurthyIndia_Lawyer]

Hi!

Given the background of your situation, in general, getting a favourable response on another F1 visa application could be a difficult (though not impossible) because it may be challenging to prove your strong non-immigrant intent as well as your genuine objective as a student, interested in pursuing higher education (when you have already expressed your intention to work in the U.S. by applying H1B earlier). If your previous F1 visa was cancelled at the Port of Entry, you will not be eligible for Interview Waiver Program (IWP/Dropbox).

We would suggest that you consult with a qualified and experienced Immigration Attorney prior to applying for the visa. Should you need help, you can reach us on info@murthyindia.com. 

Regarding your eligibility for cap exempt H1B, we would suggest you contact the Murthy Law Firm in U.S.