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Dual1ty

Renew expired F-1 visa in home country. Possibility of H1b. Options?

By Dual1ty in Student & Exchange Visitor Visas

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Dual1ty Newbie

Dual1ty   11

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Hello,

I would love to travel back to my home country (Germany) at the end of this year since it has been years I have done so. While there, I wanted to renew my expired F-1 visa.

My visa was issued in July 2008 and expired in July 2013. I have done OPT + the OPT 17 month STEM extension after I have graduated in May 2013. The OPT lasted until last month, when I started graduate school. I have not left the country since January 2013.

What is the possibility of getting this denied?

While on OPT, my company and I have not applied for H1b at any point. It's possible that they will file for a H1b for me in April 2016, to get it in October 2016 (I am currently not working there).

If I do get the H1b visa, will have to go back to my home country to apply for said H1b visa/visa stamp? (Assuming I want to travel, else I can just stay in the U.S.) Because I will only have a F-1 stamp if I go back at the end of this year.

Please let me know if you need further information or clarification.

Thank you very much for your help,

Tony

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Boiler Grand Master

Boiler   45,525

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Filed: K-1 Visa Country: Wales
 Timeline
Posted

H1b is a lottery for those that need a number.

A visa is not obtained in the US, you need to apply outside the US.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler Grand Master

Boiler   45,525

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Filed: K-1 Visa Country: Wales
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If you have a solid application then you should have no issue getting another F1.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Dual1ty Newbie

Dual1ty   11

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What if the immigration officer does deny it? Can I make another appointment and hope that another officer approves it? Or do I have to appeal?

Also, if I do get the F-1 and get a H1b next year, I will be in the same situation as right now, correct? As in, I can stay in the country, but cannot travel?

Edited by Dual1ty
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Boiler Grand Master

Boiler   45,525

Posted
Filed: K-1 Visa Country: Wales
 Timeline
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You can reapply, there is no appeal process.

You can stay in the US for as long as you are in status.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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newacct Experienced

newacct   688

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Filed: Timeline
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If I do get the H1b visa, will have to go back to my home country to apply for said H1b visa/visa stamp? (Assuming I want to travel, else I can just stay in the U.S.) Because I will only have a F-1 stamp if I go back at the end of this year.

If you are in the US, the H1b petition, if approved, is also a Change of Status. So no, you do not need to leave the US if you don't want to. You will change into H1b status. The next time you want to leave the US and return, then you will need to get an H1b visa.

Edited by newacct
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