F1 visa for son while father applied for H1B

[vatsvsr]

I plan to do a H1-B for my brother in law , who currently resides at India. His son is planing to pursue his Masters at US in Fall of 2016. The H1B application will be filed in April 2016 for my brother in law.

The biggest question and concern we have is , if his son goes for the F1 student visa interview in July of 2016 , will he have issues at the interview due to the fact that his father applied for the H1.

His H1 application acceptance will be known by end of april/may. Will it have an impact on the F1 visa decision for his son. Will the embassy able to look at his fathers H1B petition and associate that with his sons F1 application and cause issues . Since for student  visas they want to make sure s he has emotional ties back in the home country and so if there is a cross verification will it  be an issue for his student visa.

 

Please advise if this is an issue or should we play it safe by deferring the H1B petition to 2017. We would like to proceed with applying the H1B in 2016 for the father but don’t want to do it if that poses a risk for his sons F1 student visa 

[JoeF]

You can't "do an H1" for your brother-in-law. An H1 petition can only be filed by an employer.

A student visa for his child is independent of the H1.