F1 visa rejected because of H1B sponsorship

[swetharvss]

Hi,

I have been offered a full-time job on my OPT and before I could join the new company and after leaving the previous one, I had to rush to India on an emergency. The offer letter said the company will apply an H1B visa for me in April. I gave the same offer letter to the VO during the interview while I was trying for an F1 OPT visa extension. I didn't know that would be a problem for me then. I had been denied my visa now. I am confused as what to do right now. The VO said I can return back applying for an H1B. I am not sure if my company is ready to do that right now. When I explained my situation, they said I can still try on F1. Would trying for an F1 visa help me right now?

Also, the company has some branches in India. Is there a way I can join them here in India and then come to the US as one of their employees? For that I heard it is an L1 visa and for an L1, there is a rule that the person should work in the company for atleast one year in India. Is it true?

I would really appreciate the help in my case as I am in a very tight situation. It was an emergency that I had to come here which was unavoidable. Any suggestions/recommendations are welcome.

Thank you!

[Attorney_11]

In issuing a F-1 visa to an applicant, a Consular Officer is required determine whether an applicant has residence in their home country that they intend to return to. It is possible that a Consular Officer could interpret a temporary long term work visa, like an H-1B, to undercut the maintenance of a foreign residence. Eligibility for L classification requires working for one year out of the three years preceding application for the L visa in a managerial, executive or specialized knowledge capacity. It may be helpful to seek the counsel of an immigration attorney.

[swetharvss]

Thank you so much for your answer. I am still unsure about the consequences of going for an F1 visa. My University advised me to try at another consulate with a revised offer letter where H1 stuff is not shown and that the company has offered the job based on my OPT and until my OPT duration. I am following their suggestion. Is it okay to do so?

Would I get the same interviewer if I chose the same consulate again? Would choosing another US consulate make a difference? Will really appreciate your help. I have lost my father and I had to rush to India before I could join my company. I am in real need of this job right now. Your suggestions will be greatly appreciated.

Thanks a lot in advance!

Swetha

[JoeF]

All the consulates have the same info. There are databases nowadays...

[t75]

Consulate should make no difference as your previous information should be logged. Failing to disclose all info could be viewed as fraud and get you banned.

Consult an attorney since your advice from the university is very suspect.