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Immigration Issues/Attend H1B interview with a valid unused F1 visa?

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Question
I got my F1 stamped in the month of May-2014 and my H1B petition which was processed by employer was approved late last month. Since then, I'm in a confusion between going for studies or H1B. I'm more inclined towards H1B and planning to wait for rest of the processing. I wasn't able to decide anything when I gave my F1 interview as I was yet to receive my petition's lottery result. My concern is about the H1B visa interview.

1. Is it legal to attend two visa interviews in the same year?

2. What should I answer if the Visa Officer asks why I did not go for the masters?

- Is it OK to tell "I changed my mind when I got this work opportunity as this is better for my career..."
- or Should I say something like "I had financial troubles. So, couldn't make it"

Answer
Hi,

If the Consulate granted you an F1 visa, which does not allow for an intention to immigrate to the U.S., it will surely grant you an H1B visa, which is a "dual-intent" visa (i.e., it allows for an intention to immigrate to the U.S. even though it is a nonimmigrant visa category). When asked about why you changed your mind, tell the truth, whatever it is (whether financial second-thoughts, or that ultimately your career will be better served with immediate employment, etc.)

You have never violated F1 status in the U.S., and there would most certainly have been a problem if you had entered the U.S. in F1 status and did not attend classes, etc. but this scenario does not pertain to your situation.

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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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