Want to apply for F1 after GC labor approval

[SAbbas]

I did masters from US. Worked for about years on H1. I had my labor approved for green card during that time. 

But I had to leave US because of losing the job. It has been 2 years outside the US.

 

Now I want to apply for F1 again. But I have heard that F1 is not granted if someone has the labor approved.

 

Would it be applicable on me even if I have been outside for more than 1 year? Is there any chance of F1 be approved?

 

Thanks.

[pontevecchio]

Labor by itself is not a hindrance. But unless you want to do a PhD they may question why a double Masters.

[rahul412]

Would it be applicable on me even if I have been outside for more than 1 year? Is there any chance of F1 be approved?

Rules won't change if you are outside the US for certain period of time.

Why not H1?? I think that's the best thing to do in this case.

[SAbbas]

Rules won't change if you are outside the US for certain period of time.

Why not H1?? I think that's the best thing to do in this case.

I tried for H1 but companies do not like to apply to USCIS for a new H1, especially in a non-IT field (mechanical engineering).

 

I don't know what to do. But thanks for the reply.

[catx]

What is your motivation for applying for a F-1 visa?  Since you already have a Master's degree from a U.S. university is it to do a PhD?  As pontevecchio posted, there will be questions about a second Master's degree.  If it is trying to come to the U.S. to work, then you should not even consider a F-1 visa as that is a student visa for studying to earn a degree.  A F-1 visa is not some sort of alternative or 'back door' to work in the U.S. (e.g. through CPT employment authorization).

 

If you cannot find employment in the U.S. in your field of study with an employer willing to sponsor you for an employment (e.g. H-1B) visa, then that is life.  There are no guarantees or rights to employment in the U.S.

[t75]

Work in your home country for a company with offices in the US and hope for a transfer.

 

Unless you are a PE, you may not work as a consulting ME without PE supervision. Be careful