complicated

[Mugambo]

hello experts,

F1 visa from 2006 to 2008 (automation engg)

Spouse came on F2 in 2008.

H1B from 2008 to 2011 (semiconductor manufacturing and programming)

Job terminated due to ITAR regulations in Nov 2011.

we both came back to India in 2012 Jan.

Working as a freelance developer since then.

I completed computer science courses at NIIT in parallel.

my spouse started her own business here and working on a freelance basis.

I have applied to universities awaiting admission decisions & I-20 for fall 2013.

What are my chances for getting F1 Visa?

Is there any option to have an attorney represent my visa applcation?

Please guide me I'm confused as this is a unique case and haven't come across it by searching.

[CCR]

There is nothing complicated in your case. Its a straighforward siutation where u once studied then worked then left the country, worked in home country and now wanting to study further. In fact because u were already in the US before will only strengthen ure case.

So as long as ure past immigration history is fine and u can show funds for ure education and a satisfying reason to return and have not applied to bogus universities u should be good.

[rahul412]

What are my chances for getting F1 Visa?

Is there any option to have an attorney represent my visa applcation?

Please guide me I'm confused as this is a unique case and haven't come across it by searching.

You are good to go. Wait for admission and go for F1 visa, no need of attorney.

[Attorney_25]

An attorney can assist you in preparing for the visa interview. You may want to contact Murthy Law Firm for more information.

[Mugambo]

thank you very much for the helpful responses.

our I-140 were approved and were awaiting priority dates under eb2 category.

In march 2012, our petitions were withdrawn formally by my previous employer.

Will this have a major impact on the student visa approval?

Your valuable advice will be greatly appreciated!

[JoeF]

thank you very much for the helpful responses.

our I-140 were approved and were awaiting priority dates under eb2 category.

In march 2012, our petitions were withdrawn formally by my previous employer.

Will this have a major impact on the student visa approval?

Your valuable advice will be greatly appreciated!

Why didn't you mention that from the start???

Advice can only be as good as the information given.

Having had an I-140 filed for you of course will have an impact.

You need to discuss this with a lawyer!

[Guest Noah Lotte]

The VO will naturally wonder why the sudden 'need' to return to the US to 'study'....why can't you study in India? Is your wife's business struggling? Are you struggling in your own 'job'?

What will convince them that you won't use this next 'opportunity' to 'study' to look for another employer who will file an I-140? Lots of questions will be asked....no attorney can answer for you.

[Mugambo]

Thank you JoeF & Noah Lotte.

I apologise for the incomplete data provided earlier.

Change of major subject is not well received and appreciated (by employers) in India.

Besides, I already attended a ramp up course towards the degree I've applied to in India.

My wife has taken up the decision of fostering her business instead of joining me to US.

Moreover my I-140 application has been withdrawn over a year ago.

And we have stayed outside the US for more than 20 months.

If I were to apply at the very next opportunity, I would have applied soon after landing or from within the US itself.

Frankly, I'll not be planning to settle there or anything.

I want to start a business in the area of study in India after completion of masters program.

This is not a sudden decision, I have been preparing for it taking OCW (online) and preparatory courses at an institution for the past year or so.

I have consistently obtained over 90% in all the courses so far.

With my current situation, how can I emphasize more upon the intent to come back.

[Mugambo]

Please share your expertise. Thank you.