I finished a graduate program of study and worked on OPT for a year in F-1 status. My employer filed an H1B petition for me, but unfortunately, it was denied. …

… I left the U.S. and applied for admission to a Ph.D. program in my field, which starts next fall (in 8 months). Can I apply for a new F-1 visa now? Would the previous filing and denial of my employer’s H1B petition affect my F-1 visa application and reentry to the U.S.?


The earliest an F-1 visa can be issued is up to 120 days (or 6 months) before the program start date. You should be able to apply in about 2 months, since you have 8 months left before your program begins.

As an F-1 visa applicant, you are subject to the requirement to show nonimmigrant intent (i.e. intent to return to your home abroad after you complete your program of study). While each person’s individual situation is unique, prior immigration history, including prior H1B filings on your behalf, may be one of the factors in your eligibility determination. However, it still may be overcome, based on your specific circumstances at the time of the visa application and your subsequent reentry to the U.S. (02.Apr.2018)

Questions frequently reach us from students on a variety of matters. This is a sample question, answered by an attorney in our firm. More information can be found in the student section of MurthyDotCom.

Access more FAQs here.


Copyright © 2018, MURTHY LAW FIRM. All Rights Reserved

Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.