Legal Question in Immigration Law in California

How do I assess and (to the extent possible) mitigate the risk of getting my F1 visa stamp on consular visit ?

My Situation:

I hold passports from Taiwan (where I was born and grew up) and Dominican Republic (where I lived and worked for 10 years). I obtained my MBA from a top US school on F1 visa on my Dominican passport. I worked for firm A on my first H1B and firm B on my second H1B visa.

Unfortunately, I was laid off 6 month into working for Firm B. I then changed my status to F1 by pursing another Master's degree in my local university and has been a full-time student for a year now. I want to visit my family in Taiwan and would need to get a F1 visa stamp on my Dominican passport to return to the US.

I'm concerned about the risks involved. Will the US consulate see my existing H1-B stamp and cancel it? Will they doubt my intention to leave the US upon degree completion and fuse my F1 visa stamp?


Asked on 8/03/13, 12:13 am

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

I don't see why there would be confusion or doubt regarding the situation with your status. Moreover, you would be eligible for OPT once you complete your F-1 program, in addition to being eligible for another H-1B visa. Therefore, I do not see why the Consulate would deny the visa issuance for the reasons you are concerned about.

Read more
Answered on 8/03/13, 11:22 am


Related Questions & Answers

More Immigration Law questions and answers in California