jianaeventall,
It is worth the shot to try for H-4 now. I assume you are already outside of US as your H-1 visa stamping ran into issues. So H-4 looks like the best option you have to try to return to US. It is difficult to say w/ surety if this would impact H-4 stamping, but my best guess is there will be no impact.
There is no need to wait for H-1 petition to be revoked. USCIS will make that determination at their own pace.
Good luck!
Hi Saurabh，
Thank you so much for your reply.Really hope there is no impact.
Hi Saurabh,
Here is some comments from other people “You have admitted essentially visa fraud. You clarify are doing an MBA on F1 + CPT for the purpose of working – not studying. Now that you have an H1B petition you are going to quit your studies to work under that visa. You will most likely have problems with your visa stamping, and not be re-admitted to the U.S. – and rightly so. Using an F-1 visa + CPT to get around immigration rules and regulations is illegal and shows a total disrespect for the U.S. and rule of law.”
But I know a lot of people got stamped with the same situation above.For my case, I guess the school that I enrolled got some issue, that is why they had rejected all the students H1B stamp who enrolled this school.
So from the embassy stand point, am I the person who involved in fraud, and they will never let me enter US? Or they think the school is fraud and want to investigate the school? I am not sure whether the embassy think us as victim or who involved in fraud?
Thanks for your reply in advance.
Unfortunately, you are not considered as a victim. For example, a person is working on H-1 and doesn’t get paid. The employer gets penalized for not following H-1B rules, and the employee gets additional scrutiny for not maintaining status.
You were a beneficiary of the fraud committed by the school, and that may impact you.
You need to evaluate the options available to you, and to me H-4 looks like the best option, even if its not a 100% surety.
Hi Saurabh,
Thank you so much for your kind reply. I know a lot of people get H1B stamping rejected because of the relationship between employee and employment, and case sent back to USCIS. And then they get H4 stamped successfully. From the Embassy stand point, am I kind of the same issue with them?
Thank you so much!
Not exactly.
When H-1 is rejected due to employee-employment relationship, the person hasn’t done anything legal - he is not just qualified for H-1. So the person can appear for a different visa stamping like H-4 and they would look at only H-4 documents to adjudicate it.
When a person has done something illegal (like overstaying on I-94), then it may impact not just H-1 visa but other visas as well.
Your case is somewhere in b/w. The school erred in issuing the CPT and you used it. I think it impacts your F-1 and H-1 stampings more than H-4 visa stamping.
When is your visa interview date?
Hi Saurabh,
Thanks for all the reply. I did not book the interview yet, but I plan to have the interview in the late Feb.
When I fill the DS160 before H4 stamping, the education part, should I list the school I enrolled after my Master? or just list the highest degree? Also should I quit my job for H4?
I am just so nervous about the stamping.
Thank you!
You are not required to resign before H-4 interview. However, you cannot work on H-4, so if asked that should be your response.
Can you tell me about the other school you are talking about. Were you on F-1 when you enrolled? When did you leave that school, or are you still enrolled?
Hi Saurabh,
Yes, when I enrolled the school, I was on F-1,I leaved the my status change to H1B on 10/01/2015, so now I did not enroll any more. Now I am on H1, and work from home. But as you suggested, I may go to stamp h4 in Feb, do not know how it will go, but need to try. Also I really love to share the school to you, but I was told now I cannot. Suggestions will really enroll the real good public school .
Thanks a lot! ^^
I think they ask for schools that you have “attended”. If so, you should mention that school name along w/ date you enrolled and date you left the school (which I think would be Oct 1 when you moved to H-1).
Let me know if you have any other questions.
When I interviewed the H1B, I did not filled out the school after my master, since I did not get any degree from there. This time, if go to stamp H4, I can list the school, but just afraid that they will ask me why after MS, enroll another school, and drop off after you get H1B. What should I answer if they ask me this?
Thanks Saurabh for all the relpy.
You can say that you wanted to study and hence enrolled. Later, your priorities changed and you wanted to work, so left course to work on H-1.
please let me know what happened with your case hsekar. i have the same problem.
Do you need gbc letters? I am using enrollment letter, fees receipts and transcripts to show that I am a part of the school.
What documents did you submit? I have also received same RFE this year.