FAQ

Common B1/B2 interview questions:

• Purpose of visit: Why are you visiting?
• Ties to home country: Job, family, property?
• Financial situation: How will you pay for trip?
• Travel history: Have you traveled before?
• Duration: How long will you stay?
• Previous U.S. visits: Have you been to U.S. before?
• Family: Who are you visiting? (if applicable)

Answer honestly and concisely. Bring documents to support your answers.

Yes, you can reapply after a denial, but:

• Address the denial reason - fix what was wrong
• Wait if needed - unless circumstances significantly changed
• Provide stronger evidence of ties and financial stability
• Be honest about previous denial in new application

Multiple denials make approval harder. Consider consulting an immigration attorney if denied multiple times.

You can apply for OPT:

• Up to 90 days before your program end date
• Up to 60 days after your program end date
• Recommended: Apply 90 days before to ensure you have EAD before graduation

Processing time: 3-5 months, so apply early! Your DSO must recommend OPT in SEVIS first.

Yes, you can work part-time on OPT, but:

• Part-time OPT (less than 20 hours/week) counts at half the rate toward your 12-month limit
• Full-time OPT (20+ hours/week) counts at full rate
• You can mix part-time and full-time, but track your total

Example: 6 months part-time = 3 months used, leaving 9 months full-time equivalent.

You have 90 days of unemployment during your 12-month OPT period:

• Can be unemployed for up to 90 days total
• After 90 days, you must leave U.S. or change status
• Unemployment days accumulate (don't reset)

For STEM OPT: You get additional 60 days (total 150 days for combined OPT).

Tips: Start job search early, consider volunteer work (counts as employment), network actively.

Yes, you can have multiple jobs on OPT, but:

• All jobs must be related to your degree
• You must report all employers to your DSO
• Update SEVIS within 10 days of any change
• Total hours should be at least 20/week for full-time OPT

Freelancing/contract work: Allowed if related to your field. Keep records of all employment.

The H-1B visa cap for fiscal year 2024 is 85,000 visas, which includes:

• 65,000 regular cap visas - Available to all applicants
• 20,000 advanced degree exemption visas - Reserved for U.S. master's degree holders

Additional Information:

• The cap is typically reached within the first week of April filing period
• If the cap is exceeded, USCIS conducts a lottery to select petitions
• Advanced degree holders get two chances in the lottery (regular cap + advanced degree cap)
• Cap-exempt employers (universities, non-profits) are not subject to the cap

Yes, you can continue working on OPT while your H-1B petition is pending. Here's what you need to know:

• You can continue working on your current OPT authorization
• Make sure your OPT is valid and you maintain your F-1 status
• If your H-1B is approved and you are in a cap-gap situation, your OPT will automatically extend until October 1st
• Cap-gap extension applies when your OPT expires between April 1st and September 30th

Additional Information:

• Automatic extension if H-1B petition is filed before OPT expires
• Extension continues until October 1st (H-1B start date) or until petition is denied/withdrawn
• You can continue working during the cap-gap period
• Your DSO will issue a new I-20 showing the cap-gap extension

H-1B Visa:

• Purpose: For specialty occupation workers
• Requirement: Bachelor's degree or equivalent experience
• Cap: Subject to annual cap (85,000 per year)
• Initial Period: 3 years, extendable to 6 years total
• Extensions: Beyond 6 years possible with approved I-140
• Employer: Can be any U.S. employer
• Common for: IT professionals, engineers, consultants

H-1B Visa vs L-1 Visa:

• Purpose: For intracompany transferees
• Requirement: Must have worked for company (or affiliate) for at least 1 year
• Cap: NOT subject to annual cap
• L-1A (Managers/Executives): Up to 7 years
• L-1B (Specialized Knowledge): Up to 5 years
• Employer: Must be multinational company with U.S. and foreign offices
• Common for: Company transfers, managers, executives

The Green Card process timeline varies significantly based on several factors:

• EB-1 (Extraordinary Ability/Priority Workers): 1-2 years - Fastest category
• EB-2 (Advanced Degree/Exceptional Ability): 2-5 years - Requires master's degree or exceptional ability
• EB-3 (Skilled Workers/Professionals): 3-7 years - For bachelor's degree holders
• EB-4 (Special Immigrants): Varies - Religious workers, special cases
• EB-5 (Investors): Varies - Investment-based

Additional Information:

• India: 5-10+ years for EB-2, 10-15+ years for EB-3 (due to high demand)
• China: 3-8+ years for EB-2, 5-10+ years for EB-3
• Other Countries: Generally faster, 2-5 years
• When your I-140 petition was filed determines your place in line
• Check Visa Bulletin monthly for current priority dates
• Your priority date must be "current" before you can file I-485

STEM OPT extension allows F-1 students with degrees in Science, Technology, Engineering, or Mathematics to extend their Optional Practical Training (OPT) by an additional 24 months, for a total of 36 months of OPT.

• STEM Degree: Your degree must be in a STEM field (check DHS STEM Designated Degree Program List)
• Currently on OPT: You must be on post-completion OPT
• E-Verify Employer: Your employer must be enrolled in E-Verify
• Form I-983: Must complete Training Plan (Form I-983) with employer
• Timing: File I-765 90 days before current OPT expires
• DSO Recommendation: Get new I-20 with STEM OPT recommendation

Additional Information:

• Additional 24 months of work authorization
• More time to find H-1B sponsorship
• Additional 60 days of unemployment (total 150 days for combined OPT)
• Can change employers (with proper reporting)

Yes, but with important considerations:

• You need a valid H-1B visa stamp in your passport to re-enter the U.S.
• If you travel while your petition is pending, make sure you have valid F-1 status and travel documents
• If your H-1B is approved but you don't have the visa stamp, you'll need to get it at a U.S. consulate
• Consider premium processing if you need to travel soon

A 221(g) refusal is not a denial, but a request for additional information or administrative processing. The consular officer will provide a letter explaining what additional documents or information are needed.

Common Reasons:

• Additional documentation required
• Administrative processing (security check)
• Missing forms or information

What to Do:

• Provide requested documents promptly
• Follow up with consulate
• Be patient - administrative processing can take weeks or months

To maintain F-1 status, you must:

• Be enrolled full-time in an academic program (minimum 12 credits for undergraduates, 9 for graduates)
• Maintain valid I-20 and keep it updated
• Not work without authorization (except on-campus work up to 20 hours/week)
• Complete your program within the time limit
• Report address changes within 10 days
• Keep passport valid at all times

Always consult your DSO (Designated School Official) for specific requirements and before making any changes.

H-4 Visa Status:

• Dependent visa status for spouses and children of H-1B holders
• Allows H-4 holders to live in the U.S. with the H-1B holder
• H-4 children can attend school
• H-4 spouses cannot work (unless they have EAD)

H-4 EAD (Employment Authorization Document):

• Allows certain H-4 spouses to work in the U.S.
• Only eligible if H-1B spouse has approved I-140 (Green Card petition)
• Or if H-1B spouse is in 7th year extension based on I-140
• Not all H-4 holders are eligible for EAD