H1B or F1 best for the situation ?


nbrand

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Posted

I am a Sri Lankan student in who is already in USA under OPT. My F1 visa is expired at the moment. I have a plan to go back to Sri lanka in May, get married and come back with my wife after a month. I have 2 options found as below.

Option 1: Found a consultant already who is gonna sponsor for my H1B, process through premium processing, get 1 month off from the job, go back to SL and get H1B stamped and apply H4 for my wife at the same time and come back.

Option 2: Sign up for masters degree, get an I-20 issued, go back to SL apply for F1 for me and F2 (Students spouse visa) for my wife with sufficient financial document and come back.

Please help me to find out the best option out of these too considering the risk in visa application rejection/denial and port of entry denial stuff.

Also please let me know if you need more information to suggest the best option.

Thank you

Posted

Both are reasonable options. The F-1 option will require that you demonstrate that you intend to return to your home country after the end of your program. This is a little more risky then, but if you can show the fincancial support and intent to reutrn, you should be ok.

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