Can I attend H1 interview with un used F1 visa from India.

Hi Experts,

This is Kishore, 
recently i have applied for universities in USA for MS and i got i20's from 2 univ's, and i have prepared to attend F1 interview this APRIL(2014).
I was planning to travel to US in August 2014 for Fall semester.
I am working as a free lancer for a company in US as a part time, apart from my current job(3.5 years of Experience in SAP) in India.
Now the employer in US, said he will file me H1B in this April (2014) and he started the process too.

now am stuck with lot of queries like:
-wether i should go to F1 or wait till i knew the H1 lottery result.
-My F1 consultancy people says better go to F1 and get F1 visa stamped, then go to H1 stamping as vice-versa is not possible.
-If i have got through the lottery process, then while H1B stamping will they question me why you were applying H1B when u got F1 (un-used).
-Is it Legal to attend H1 when i have already got F1 visa(which i did not use).

Am running of out of time, Please help me with these queries.

Thank you 
Kishore.

Hi Kishore,

I was in the similar situation and asked my attoney about the consequence from pursuing 2 different visas. This is what he said,

"You are allowed to apply for a new F-1 visa while your H-1B petition is pending. However, it is very likely that the Consular Officer at the U.S. consulate will ask you a lot of questions about your actual intentions, once he realizes that you are also apply for the H-1B. If the consular officer feels that your primary intention is not to go to school, but to work instead, he does have the authority to deny your F-1 visa application. This will not affect your H-1B, but it will be an inconvenience for you.

If you did apply for the F-1, you cannot do so while in the United States. You can only apply for the F-1 at a U.S. consulate abroad after you have left the U.S. Filing an application to change your status from visitor to F-1 inside the United States will have a negative effect on your pending H-1B."

If you are 100% sure that you can convince consular officer, you can try. But I wouldn’t take the risk if I were you because I do not want to compromise my H1B. It depends on your intentions whether you want to work or study. It sucks because you cannot have both. I know how you feel, I’ve been there.

Ask your employer’s attoney who is preparing your H1B petition. Call him/her before you decide to file anything.

Good luck!

Thank you for the reply,

Currently am in india,
am applying to F1 visa in mid of april,
mean while my employer in usa applies to H1 in April and he says most likely we will know the result of lottery by April ending.
so if i attend to F1 before the result of lottery, is there a chance that Visa officer will be aware of my H1 petition.
i assume Visa officer will not be aware of that.
In this case i will get my F1 by april 20th
and if H1 is picked in lottery later , i can attend H1 stamping in india in may right?
here in stamping, am worried whether they will question me why you attended for F1 just a month back when you know your employer applied H1 for you.

but few people say it doesn’t matter, you can attend H1B with un-used F1

Please let me know, if it is legally allowed to attend H1 stamping with 1 month old F1(which i didn’t use).

Thank you.

Regardless of where you live, I think it would ultimately affect on your H1B. When you applied to H1, your status was not F1. If you are selected and go to H1B stamping, you have F1 now. I agree with the people saying, there is nothing wrong/illegal with attending H1B stamping with un-used F1. But the question is, can you justify it to the consular officer?

Regarding your F1 interview, I don’t see any issue with that. More than likely you can get F1 with no problem. However, I don’t know about H1B.

H1B process takes 2-4 months unless your company paid the premium processing fee. So I think it is not going to be May.

I’m not an expert, I shared my attorney’s answer because your case is similar to mine but not the same. All of them are based on my research and understanding. Please talk to your attorney.

Best regards,

Thank you lovecoffe for sharing valuable information.
i will try to contact the attorney.

Thank you

Best Regards
Kishore