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Immigration Issues/H1B visa and F-1 visa

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Question
hi, Ajay,

My H1B is valid since April, and it's filed requesting consular processing. My visa status is in OPT, and it's expired in 17 months.

I am planning to traveling back to my home country some time this month, and I need to apply for a new visa(my current F-1 visa expired at August). My question is:

Do I have to apply for H1-B visa to back in US? Could I apply for F-1 visa again? What should I be careful with if I am applying for F-1.

Thanks for your reply in advance!

Answer
Hi,

You should apply for and obtain H1B visa stamp a U.S. Consulate in your home country. In any event, the Consulate will probably not issue you a new F1 visa stamp since your H1B petition has been already approved by the USCIS. The Consulate (which will be aware of H1B approval even if you do not volunteer this information) will allege that the purpose of your entry to the U.S. is to work for the H1B employer, and thus the correct visa stamp to be issued is H1B.

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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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