F1 visa rejection

S

Sihala

Registered Users (C)
Hi Rajiv,

I am an Obstetrician and Gynecologist with a good practice at my own Maternity and general hopital in India. My husband too in medical profession is a permanent employee in state government services. I got B1/B2 Multiple entry visa for 10 years.To gain some international exposure and to do a fellowship in Infertility or other related to OBGyn, I went to US on 28th April on B1 visa for voluntary research at a hospital associated to a reputed medical school, in US. In view of my research project not being completed I was given an extension by my department for 6 more months. I applied for a extension of B1 visa and officially got an extension through USCIS before the expiry of my I-94. Later I came to know that to do a fellowship I need to take the medical licentiate exams. I changed my status from B1 to F1 by joining as full time student at Kaplan. This too was done officially before the I-94 expired, ie from 29th April 2010 I was on F1 COS. My I-20 is valid from 28th April to 29th Jan 2011. On 6th November I left US due to the sudden demise of my father on 6th Nov. I got my I-20 duly signed before leaving US by my authorized school DSO.

I applied for F1 visa at Chennai consulate, where I was refused F1 visa saying I overstayed in US on B1, and I was handed over 214b form.

Should I reapply for an interview at Hyd as this is my consular dist.
I got my USMLE step 1 exam on 22nd Jan 2011, for which I paid the fee to appear in Boston. Will I be able to enter US on B1/B2 visa to take my exam. Will my 10 years B1/B2 visa be still be valid? Will I face any problems at the POE?

Thank you and regards.
 
Well I am not Rajiv but here it is,

With your F1 Refusal it is evident they strongly think that you want to permanently settle down in US and they may have put some consular notes which will probably result with the same outcome at Hyderabad, it could be a hit or a miss.
Did you disclosed that you were taking USMLE at your interview in Chennai? If you did than the outcome is more likely to be a denial.
As far as B1/B2 is concerned I think if chennai did not put a cancelled stamp on it you are risking it by going to Hyderabad with it as by that interview they will grow more suspicious about your immigrant intent and might cancel it.
I'd say use it without going to Hyderabad and if they have made any negative notes there under that visa or with your extension and change history they might give you a little rough treatment but the only way to find that out is to travel with it.
 
Absolutely not, don't even carry something that shows immigrant intent like Degrees, Transcripts etc, have them mailed to you if they go through your things and find anything suggesting your intent they will definitely not let you in, you are walking on eggshells at this time because we don't even know that the change from B1 to F1 if nothing has been put in like any notes or anything under your visa number.
 
Thank you. I am new to this forum. How can I post my case to Mr. Rajiv S. Khanna for his review in his blog?
 
Can I ask my institute to send me an invitation letter as a special case asking me to come and complete my prescribed course as only 6 weeks of study is remaining on my I-20 ie till 29th Jan 2011 and appear for the exam as sheduled on a visiting visa. Also mentioning that I have paid my tution fee for the entire course as I already paid the course fee.
 
All of that does not prove that you do not have a Immigrant intent.
Nobody is going to guarantee you a trouble free entry into US on the B visa, even a attorney or Rajiv in your circumstances.
How many people have gone back after passing USMLE? Maybe 2 out of 100 if that, well if you are the officer at POE, will you grant entry to some one trying to gain entry on a non immigrant visa who is showing USMLE papers, school fees being paid etc?
 
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Should I contact an attorney on this issue before I travel to avoid any unpleasantness at the POE?
 
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