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DOS Cable on Changes to OPT

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The document summarizes a DOS/CA Visa Office liaison call held on August 11, 2008, addressing various topics related to student visas, including changes to Optional Practical Training (OPT), visa denial procedures, correcting visa errors, interview language requirements, documentation needed for visa applications, and the implementation of the Electronic System for Travel Authorization (ESTA). It highlights updates on policies affecting F-1 visa applicants and clarifies misconceptions regarding standardized test requirements and immigrant intent. The document also discusses procedural guidance for consular officers and responses to specific inquiries raised during the call.

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What happens to H-1B after 6 years?

Once H1B holders docHub that six-year maximum, they must leave the U.S. and remain outside for at least one year before being eligible for a new six years of H1B. Furthermore, in order to return to the U.S. in H1B status, they have to go through the H1B Cap again by surviving the H1B lottery.

What is the validity of H1B visa?

The H1B visa validity is 3 years + 3 years of extension. So, no, you cannot stay longer than 6 years. You can on the other hand apply for a permanent residency or green card while on an H1B visa (possibly at year 2 end of your extension).

What is the lifetime of H-1B visa?

Under AC21 106, an H-1B nonimmigrant can receive H-1B status beyond the six-year maximum, in one-year increments, if 365 days or more have passed since either an application for Alien Labor Certification (Form ETA 750A-B or ETA 9089) or a petition for immigrant worker (Form I-140) has been filed on the aliens behalf

How do I get a H1B visa?

The H1B petition process, in general, has five steps: Employer enrolls sponsored employees in the H1-B visa lottery. Sponsored employees get selected in the H1-B lottery. Employer files a Labor Condition Application (LCA) for sponsored employees. Employer files the petition with USCIS.

Is H-1B maximum for 6 years?

USCIS can approve H-1B petitions for an initial period of up to three years and can grant extensions for up to an additional three years. Under certain circumstances, USCIS may extend an H-1B workers employment authorization beyond the six-year limit.

How long is H-1B visa valid for?

The H-1B is a Specialty Occupation work authorization visa with a cumulative maximum duration of 6 years. The initial period of stay for those in H-1B status is three (3) years, with extensions available for up to three (3) years thereafter.

What is Section 203 G expiring soon?

Expiring Soon Section 203(g) of the Immigration and Nationality Act requires that your registration be canceled, and any petition approved on your behalf canceled if you do not apply for your immigrant visa within one year of being advised to do so.

What is an F-1 visa student?

The F-1 Visa (Academic Student) allows you to enter the United States as a full-time student at an accredited college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program.

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