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Immigration Issues/B2 visa application at Consulate

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QUESTION: Hello,
  I have a question for applying B2 visa. I applied my OPT last year while i was in US (it will expired on July this year), but later i decided to came back to my homeland, and i have a stable job with regular income everymonth, but i want to spend my summer vacation in US, i want to know if OPT will influence on my B2 visa application?

ANSWER: Hi,

Filing for OPT is routine for students in F1 status and does not indicate an intention to immigrate to the U.S. Thus, the filing of OPT is not a disadvantage when applying for B2 visa stamp at a U.S. Consulate. The probability of success in being issued the B2 visa stamp is enhanced in your case as it appears that you have never violated your student status earlier, and now have a stable job and residence in your home country.

Although not directly applicable to your situation, our immigration law firm has general information about the B visa category here: http://www.h1b1.com/B1-B2visa.htm

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QUESTION: thank you sooo much for this. but the problem is that my OPT is not expired yet. and I want to visit US. so I don't know if it's proper

ANSWER: It is OK if you have unexpired OPT. As you are not in the U.S., you are not expected to utilize your OPT. You are not violating your F1 status. Thus, there is no bar to applying for a B2 visa at the Consulate.

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QUESTION: Hi, expert, i do have another question about coming over. when i was appling my B2 visa, i thought i could stay at a hotel and i could stay for 2 weeks. but i changed my plan after i got my visa, i want to have a relaxing vacation here and i booked roundtrip tickets for almost 2 month. is it ok? will i be in trouble when i go through the customs?

Answer
Hi,

It should be OK. You can have plans for up to 180 days in the U.S., and the immigration inspector at the port-of-entry can permit stays for up to 180 days and issue you an I-94 accordingly at the port-of-entry. Your statements to the Consulate about a shorter trip when applying for the visa stamp will not be a problem.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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