Question 1

What is the H-1B visa and who qualifies?

Accepted Answer

The H-1B is a US nonimmigrant visa for workers in specialty occupations that require at least a bachelor's degree or equivalent. Common qualifying roles include software engineers, doctors, architects, accountants, and other professional positions. The annual cap is 65,000 with an additional 20,000 for US master's degree holders. Employers must file a petition with USCIS.

Question 2

How does the H-1B lottery work?

Accepted Answer

Each year, USCIS opens an electronic registration period (typically in March) for employers to register prospective H-1B workers. If registrations exceed the cap, USCIS conducts a random lottery. Selected registrants are notified and employers then have a window to file complete H-1B petitions. The fiscal year cap (FY) applies from October 1.

Question 3

What is the current USCIS processing time for H-1B applications?

Accepted Answer

Standard H-1B processing at USCIS typically takes 3–6 months. Premium Processing (Form I-907, $2,805 fee) guarantees a decision within 15 business days. IndicWave's Immigration Hub shows current USCIS processing times updated from official sources at indicwave.com/immigration-hub.

Question 4

What is the EB-2 India priority date backlog?

Accepted Answer

Due to per-country caps, Indian nationals face the longest employment-based green card backlog. As of 2026, EB-2 India priority dates are approximately 12+ years behind. IndicWave publishes the monthly Visa Bulletin with India priority dates and projected movement at indicwave.com/immigration-hub.

Question 5

What is an EAD (Employment Authorization Document)?

Accepted Answer

An EAD (Form I-766) is a work permit that allows certain non-citizens to work legally in the US. Common recipients include H-4 visa holders with a pending or approved I-140, F-1 OPT and STEM OPT students, pending asylum applicants, and adjustment-of-status applicants. EADs are typically valid for 1–2 years and must be renewed.

Question 6

What is the H-4 EAD and who is eligible?

Accepted Answer

The H-4 EAD allows H-4 dependent spouses of H-1B holders to work in the US. To be eligible, the H-1B holder must have an approved Form I-140 immigrant petition. The H-4 EAD is applied for using Form I-765. See IndicWave's H-4 EAD guide at indicwave.com/guides/h4-ead-guide-usa.

Question 7

How do I transition from F-1 OPT to H-1B?

Accepted Answer

F-1 students on OPT can apply for STEM OPT extension (up to 24 months additional work authorization) while participating in the H-1B lottery. An employer must file an H-1B petition during the registration period. The H-1B typically takes effect on October 1 of the fiscal year. IndicWave's guide at indicwave.com/guides/f1-opt-stem-opt-h1b-transition-usa covers the full timeline.

Question 8

How do I find a trusted South Asian immigration lawyer in the US?

Accepted Answer

IndicWave's professional directory at indicwave.com/services lists verified immigration attorneys serving the South Asian community across major US cities including Bay Area, NYC, Dallas, Houston, Chicago, and Seattle. You can filter by language spoken (Hindi, Urdu, Telugu, etc.) and read about their specializations.

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