H1B stamping refused, next options?


smzeeshan

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I worked in US for an employer for more than a year on H1B. I visited my home country and I went to US embassy for H1B visa stamping and was waiting for the administrative process to be cleared. Unfortunately, my employer decided to terminate my employment after waiting for 8 weeks and recently, I got my visa refused by the embassy.

1- Can I apply for F1 visa since its difficult to find H1B employer who can wait for admin process?

2- If I apply for F1, does it have any effect on my H1B status?

3- Do I need to go through H1B lottery in April again if I plan to change from F1 to H1B?

Thank you for your input in this regard.

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For an F1, you would first have to apply at a university. Universities have application deadlines.

And then you would have to get accepted, which also can take months.

An F1 is for studying, not for finding an H1 employer.

If you want to work, find a better employer, not some shady consulting company.

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1. Yes. you can apply for F1 visa. New employer does not have to wait for any admin processing to complete. They can apply right away.

2. F1 does not effect on an H1-B. However, you will need to have all the answers if you get an RFE or when you head for stamping.

3. No. you are cap exempted.

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