Q - I graduated with a bachelor degree several years ago and applied for Optional Practical Training. My employer applied H1B for me quickly, so I used only 6 months of the OPT. Now, I am thinking about going to a master degree program at another college in the states. When I graduate from the master program, will I still be eligible for OPT? Is that going to be 1 year or 6 months?  

A - If you are in a new degree program at a higher level, you will receive an additional full year of optional practical training time.  

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Q - My mom has a 10 year visitor visa and stayed with us for 5 months. How long will she need to be outside US before she can safely come again?  

A - There is no official time to be outside the US, but we usually tell clients to stay out a couple of months in order to show that there is a residence abroad and the visitor is not working in the US.  

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Q - My uncle who was a citizen had petitioned for her sister. After the priority date was current and after he had filed the I-864 form but before she filled out the biography forms with National Visa Center , he died. Is there any way that the sponsorship of the application can be transferred to another citizen sister so that the application can keep the same priority date from 13 years ago and continue?  

A - It is possible to substitute the I-864 sponsor and have CIS not revoke the I-130 for humanitarian reasons.  It is done on a case by case basis, and depends on the individual facts.  

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Q - I've entered the country three times. I never have had any problems or violations. All three times I was issued J-1 visa. Will I be able to enter US for the 4th time with H2B visa?  

A - I can’t assure you that your entry will be uneventful. Every entry is, to some extent, affected by the views of the individual examiner. So you should always be prepared with proper documentation and not assume anything. It’s a good idea to discuss the specific non-immigrant category requirements with your immigration lawyer to be sure you have the appropriate paperwork and know the answers to the questions likely to be asked.  

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Q - I am currently working for Company A on F-1 student visa in optional practical training and the same company has filed for my H1B that will start on 1 Oct 2006 (if approved). If I want to change employers after 1 October, do I need any pay stub from Company A after 1 October to do H1B transfer to Company B? If yes, how many pay stubs (I get paid twice a month)?  

A - You generally need to be prepared to show you were working for the first employer when you switch H-1B employers via a change of status in the US . USCIS may let you get away with not presenting a pay stub, but they will often request this.