Applying for F1 visa while on L1 visa - PLEASE HELP

M

marijuanated

Registered Users (C)
Sir/Madam,

I am now in the US on a L1B visa. I have got admit into a university here for a Master's degree and I would want to pursue my higher studies in the US. This means that I have to get an F-1 visa.

1) Is it possible to apply for an F-1 visa while I am still in the L1B visa?
2) If answer to Question 1 is Yes, does my L1 become void once I apply for the F-1 visa? I am nervous of this because I cannot risk my job and apply for F-1 visa since there are actually *NO* reasons for many of the F-1 visa rejections.

Thanks for your patience,
Sundar
 
If you are employed, you can study part time without having an F1 visa. Depending on the university, there may be different costs. Many people pursue an MBA in the evenings after work.

An F1 visa requires that the applicant NOT have immigrant intent. If you - or anyone for you - have started the process for a green card, an F1 should not be available to you. Also, an F1 visa requires that financial resources be available for the program selected. There are reports of visas being denied because a consultant has falsified documents for the applicant to show greater financial resources than are actually available.

As long as you have the resources, are qualified for and have entry to the program, and can demonstrate non-immigrant intent, I do not think you should be extremely worried about receiving an F1 visa. Another reason I have heard for denials of F1 is ability to study in English, but if you have been working is US, I would expect that your language skills are more than adequate so did not mention it before.

Another visa is not voided by simply applying for the F1 visa. I believe you need to review the difference between having a visa and being in a particular status in the US. I believe you are asking about being in a particular status not just having a specific visa but am not completely certain about your question. Look also at information about change of status.
 
Re: Applying for F1 visa while on L1 visa

Sir,

Thanks much for your help.

I had been told by some people that *applying* (before even having an F-1 visa) for F-1 visa will invalidate my L-1 visa. So I had become somewhat nervous. Your answer relieved me to a great extent.

Also I am not looking for change of status inside the US. I plan to go back to my home country, apply for F-1 visa and once I get the F-1 visa, come back to the US.

Thanks for your patience,
Sundar
 
It is possible that one visa could be canceled by the VO when another is obtained or applied for but that is at their option. I am still not understanding the timing of the sequence of events you are planning and the reason for your concern.

I think that you are leaving the US, applying for the F1 visa, and planning on returning on the F1 if you receive the visa; is that correct? Remember that you cannot enter too far in advance of the start of school. Once you are no longer employed by L1 sponsor, you cannot use that visa to enter even if the stamp may not have been cancelled.

I am guessing that you are not quiting your job unless you receive the F1 visa and are planning on returning on L1 to work for your current employer in the event the F1 is denied, and this is the reason you are concerned about having the L1 visa cancelled simply by applying for an F1. Is that correct? (Could your friend have left the L1 sponsor before applying for the F1, and the employer notified USCIS to cancel that visa? )
 
Re:Applying for F1 visa while on L1 visa

>>>I am guessing that you are not quiting your job unless you receive the F1 visa and are planning on returning on L1 to work for your current employer in the event the F1 is denied, and this is the reason you are concerned about having the L1 visa cancelled simply by applying for an F1. Is that correct?

Yes, exactly. This is the timing of events I plan:

1) Leave the US on a paid vacation (NOTE: *no* notification to employer about attending the visa interview) to India

2) Attend the F-1 visa interview in India.

3) If I pass the interview, get the F-1 visa, quit my job and come to the US on F-1

4) If I fail the interview, come back to the US (on the L-1 visa) as if I am coming back from the vacation.
 
marijuanated said:
Please reply
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My opinion...

One can have multiple visa stamps at the same time.

Applying for an F1 should not result in cancellation of the L1 visa. However, it is your responsibility to make sure that the VO, at the time of F1 interview, does not cancel the L1. I think they may try to cancel the L1 ONLY IF you are granted the F1 in which case you might not even need the L1. Just be on the lookout if the VO tries to mark the L1 "cancel without prejudice" and intervene before he/she does it.

Hope this helps.
 
Concerned4us,

I had applied for the I-140, then withdrew it. I applied for change of status to F-1, with letters from employers who want to hire me after my Masters in Europe. Is there any hope for me to get the F-1 approved? I also have a support letter from the University. Please advise. Thanks.
 
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