Returning to US on F1 after working there on H1B

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ephraimgadsby

New Member
I completed my masters from a prestigious US university in May 2007. In January 2008, I started working in the US on OPT. In April 2008, they applied for my H1B Visa, which was approved and from 1 Oct 2008 I was on H1 B. Unfortunately, the company went into financial troubles and laid off most employees including me on 24 October 2009. I was preparing to return to India and at the same time looking for new jobs. There was also talk of revival of my former employer. Unfortunately for a few months I was not able to prepare to leave the country and also no new jobs came through and the former company actually went under. Eventually on 22 April, before the expiry of 6 months from the date of my layoff, I returned to India.

Now, I have applied for a one year course at a well known university in the US. And if accepted, I plan to pursue this course. Now my question is, Since I will be applying for a new F1 visa at the US embassy in India, do you think there will be any problem in my obtaining a US visa for this education?
 
Yes, it is quite possible. You were out of status. You remained in the US for nearly 6 months after you knew you were required to leave. Why should the VO believe you will return to India following your studies based on your demonstrated disregard of US laws.
 
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