Does prior E-2 denials significantly affect F-1 application?

[needhelpvisa]

So my case is a little troublesome, I'll try to lay it out as well as I can.

 

I was successfully issued an F-1 visa back in 2008 for my undergraduate degree, and I graduated in Dec 2012. I had been working on a startup since 2009, but it had not been operational because it's a technology-based business and I've been developing the technology as well as preparing to set up the business up until I graduated, which means it was not operational up until then, partly because I planned the timing intentionally like that and partly because the technology simply took time to develop.

 

I tried for an E-2 visa in April this year, but it was denied. I addressed the concerns from the first denial, and subsequently tried applying again in August, and the second interview was a few days ago. I was denied again.

 

Currently, I have re-enrolled myself into my alma mater for a second undergraduate degree. I chose to do it this way because it's the simplest and fastest way for me to receive an I-20 again, instead of taking the GREs and trying to apply for a Master's. It is also a degree in a field I'm interested in - computer science. 

 

Should I be concerned about my previous E-2 denials? I've consulted with and been told different things by different attorneys - some say that as long as my school is an accredited one anf the I-20 is legit and I can prove to afford it, the E-2 denials should not affect my F-1 visa application. Yet, a few also have told me that I would need to be prepared to defend against aggressive consular officials who may see this is a "backdoor attempt" to return to US to run my business in an unauthorized manner.

 

I'd like to get some opinions about this from the very smart people on this forum, and hopefully also some attorneys can chime in. What should I look out for? What kind of queries should I prepare for? What kind of responses are they looking for when they ask these things?

 

thank you in advance!