Suppose I pursued MS in Computer Science in US. After that got OTP for 3 years and applied for H1B for multiple attempts but got declined then what I need to do?

Asked by Jaswanth almost 2 years ago

Answers 1
Rashmi Mehrotra

Rashmi Mehrotra

J.P. Morgan || LSR’ 19

After completing an MS at a US university, an international student may like to stay in the country for a while. In this case, the US provides what is known as Optional Practical Training. Only F1 pupils can access this; H4 students cannot. One cannot be unemployed for more than 90 days under this OPT (typically one year but extended to three years if the programme is STEM recognized).

Employers typically hire international students to work during OPT (if they are thought to be more competitive than others), and the type of work should be related to the degree pursued.
International students who wish to work permanently must get a work visa, the most common of which is the H1B, which is only valid for up to three years and cannot last longer than six years. Employers must file H1B petitions on behalf of international students on OPT to hire them after their OPT period has expired (only employers may file H1B petitions).

An H1B petition may be submitted any time of the year ( that was the case in yesteryears). New applications are only accepted from the first of April, say, the fifth or sixth, and when authorities feel that more applications are being received, they close the window for acceptance. The number of H1B visas that can be granted annually is limited to 65,000 in the general category, and another 20,000 for petitions with advanced degrees from the US (MS, MBA, PhD, etc.) since the number of pleas for H1B is more than this number.

Authorities initially held a computer-based drawing for 20,000 advanced degree holders. After the application process, successful applicants receive their visas. Failures in this category are once more added to the 65000 general categories, and another draw is done. Therefore, both attractions are open to overseas students pursuing postgraduate degrees in the US.


But regrettably, not every applicant is chosen in the lottery. The three-year STEM OPT is helpful in this situation. Therefore, if a student (who is still on an F1 visa) fails in the first year of their OPT or job, they may petition for a 2-year OPT extension, providing the course being pursued is a STEM-recognized programme. In this method, the company submits an H1B petition for the rejected candidates in the succeeding years, which will likely be approved.


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