Can I get F1 visa if NIW rejected?

[mogumogu]

I have a question about NIW application:

I am now a Ph.D, will graduate in one or two years.
If I apply EB2/NIW now, but get rejected (since NIW becomes
really strict now), does that mean I can not go outside of US?

-- If I go outside of US, I need a F1 visa back, but then I have
to fill "yes" in the question "If ever submitted immigration visa
petition" on 156 form. Will the Visa Officer refuse my F1 visa?

-- So does that mean I can not go outside of US for the next
several years, until I somehow apply green card again and really
get it?

Thanks a lot.

 

[leroythelion]

Originally posted by mogumogu
I have a question about NIW application:


-- If I go outside of US, I need a F1 visa back, but then I have
to fill "yes" in the question "If ever submitted immigration visa
petition" on 156 form. Will the Visa Officer refuse my F1 visa?

Thanks a lot.

Dual intent is not permitted for the F1. It will likely be rejected.

Without really knowing what you do, you are probably better off waiting for the NIW until you graduate.

Brian

 

[Raj1994]

"So does that mean I can not go outside of US for the next
several years, until I somehow apply green card again and really
get it? "


If you have an employer sponsorship, you could possibly come back on a H or L visa as they both have "dual intent". Generally better to wait filing for GC until you change to H1 after you graduate.