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I currently work in the US on an H1-B visa. I intend to go to graduate school in the US in September. To do that I will fly back to my home country and apply for an F1 visa.

On the way back to the US in August I intend to visit Europe. I am applying for the Schengen visa right now (while I'm still on my H1-B). But I'll fly into Europe after I've got my F1 visa in my home country.

So basically, my legal status in the US will have changed from when the Schengen visa is issued to me, to the time when I'll actually be using it. Is this allowed by the Schengen rules?

I ask because when I apply for the Schengen visa, I'll be using my H1-B in the US as a proof of my intent to return to the US after my European trip. This would be a lie by omission since by the time of my trip I will have got my student visa, so I'll be returning to the US not for my job, but for my graduate school.

  • I don't think your immigration status in the US should affect your Schengen visa. – chromozonex May 27 '15 at 1:36
  • The US is not part of the Schengen area. Your US visa has no bearing on whether your Schengen visa is valid. – Michael Hampton May 27 '15 at 3:02
  • Even if you use your US Visa as a piece of evidence for your intent to leave the Schengen area when your Schengen visa expires, you could just state that you are switching US visa types when applying for your Schengen visa. Your US visa would be more of importance if you want to use it for visa-free international transfer in the Schengen area and you are from a country for which this is required by the country of your port of transfer. This doesn't seem to be the case here. – DCTLib May 27 '15 at 5:45
  • @DCTLib Thank you for your comment! You got that right, I meant to say in the main post (but couldn't describe properly) that I'm going to be using my H1B as intent to return to the US, when applying for the Schengen. But I just don't want to bring the F1 into the picture since it'll just make things complicated. I mean, theoretically, until I get my F1 in hand, my intent is to continue working for my present company on my H1B VISA. So would it be okay to just not bring this F1 stuff up at the Schengen VISA appointment? – user1096863 May 27 '15 at 6:23
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When you apply for a Schengen visa, the fact you have a US visa will be pertinent, as it will explain your reason for being in the US and why you are applying from there. Once you actually have a Schengen visa, assuming you receive it, the Schengen visa's validity in and of itself is not in any way related to your US visa, or lack there of.

In other words, after receiving a Schengen visa, it is valid according to the rules stipulated by the visa itself. What kind of US visa you have, whether or not it changes, or even if you have a US visa at all, at that point, won't affect the validity of the Schengen visa.

Good luck, and happy travels!

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