Can I file two VISA applications?

[ietrakesh]

Dear All,

Here's the situation:

Recently, I came back to India from the US (because my I-94 extension was denied) and now my company is trying to file a fresh H-1B application (in the year 2013). Meanwhile, I have also secured an admission to a very prestigious MBA program (starting in fall 2013) and will apply for a F-1 VISA sometime in the second week of April, 2013.

So, I guess my question is: Can I file for two different VISA categories in the same year? Please advise.

Thanks!

[rahul412]

So, I guess my question is: Can I file for two different VISA categories in the same year? Please advise.

F1 is for students and H1 is for employment. Both are completely different and on F1 you are not suppose to work.

So your F1 will be rejected if you apply both F1 and H1 at a time.

Better you just file for H1 as you can work and also go to school on H1.

[t75]

Sure - but what do you REALLY intend to do. You may have some contract with your employer and be liable for damages if you do not report for work.

[ietrakesh]

Sure - but what do you REALLY intend to do. You may have some contract with your employer and be liable for damages if you do not report for work.

Well, I really want to go to school. Can I request to withdraw my application for the H1 visa?

Thanks.

[mnm0710]

OP if you don't mind me asking why don't you continue working and ask that your employer allow you to study for MBA part time. You'll still get salary and you'll still get to finish your MBA. I realize that it might be difficult but just an option particularly when you're talking about an MBA.

[pontevecchio]

Go with what you want to do. If the H1 visa is rejected the company cannot enforce its contract. Go for the F1 first and if approved forget the H1 for the time being.

[catx]

The ethical and honorable thing to do is contact your prospective employer and advise them that you have been admitted to an MBA program that you have decided to attend. Your prospective employer can then withdraw the H-1B petition they filed for you. In this way you also have not "burnt any bridges" with that employer.

[ietrakesh]

Actually, the H1 petition is not filed, yet. My employer asked me to submit the relevant documents (copy of my passport, graduation certificates, etc.) ahead of time (I am assuming they want to file the petition on the first working day in April, 2013).

Given the fact that the petition will be filed under the "regular" category, I'll get an approved petition sometime in the month of June, 2013. As for the F1 visa, I'll file it in April, 2013.

What I want to understand is, will the application for F1 visa get rejected by the US consulate because there's an "in progress" H1 petition?