Immigration Issues/F1 Visa Stamping

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Question
I have filed my I-539. If I get my status changed to F-1, I know that if i leave the country I should get my visa stamped and then only return to US. I heard that it is highly possible to get my visa rejected in india (my home country). Please let me know what would be the chances of me going to India after my status gets changed.

Answer
Hi,

If granted change of status to F1, you do not have to travel outside the U.S.

However, if you do travel outside the U.S., it is indeed possible for the Consulate to not issue the F1 visa stamp. They will look at factors such as violations of immigration status during your stay in the U.S., whether you have a permanent address abroad, whether you have an intention to immigrate permanently to the U.S., etc. We cannot state the probability of issuance of F1 visa stamp by the Consulate, as there are intangible factors that include the mood of the consular officer during the interview.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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