Guestbook Entry for Renata Sagdetdinova, United States
Name
Renata Sagdetdinova
Country
United States
State
Virginia
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PERM Audit and H-1 Expired
Question details
What happens if your H-1 expires before the PERM audit is cleared by DOL. Are we supposed to leave country. I have 20 months of H-1 life left to reach 6 years and my LABOR is in AUDIT status I am just wondering if I get an extension or will I be checked out of USA.
While a PERM audit or even an appeal against a denial after the audit is pending, you would still be entitled to H-1 extensions beyond six years.
Guestbook Entry for Pravin K, United States
Name
Pravin K
Country
United States
State
New York
Comment
I have been working within the financial industry in New York since past 6 years on H1-B visa. For my GC and H-1B extension, I chose to work with Mr. Khanna and his extremely capable team. In past 6 years, I have worked with different groups of attorneys for immigration visa things a couple of times, I can easily say that Mr. Khanna and his team was the best. Also, I had so many one-off non-standard situations with my visa application, but everything was very pleasantly accomodated and carefully handled by Mr. Khanna's team. There was no mistakes made and their advisement was absolutely spot on. Very very professional indeed. Thank you very much to all the guys who worked on my applications.
Guestbook Entry for Ishtmeet Singh, United States
Name
Ishtmeet Singh
Country
United States
State
Oregon
Comment
Mr. Khanna has sound judgement and deep knowlege about US Immigration laws. He gave me an honest and straightforward answer everytime I've had a complex situation in the past ten years on a range of issues from F1 to H1 to GC. The staff at Mr. Khanna's office is awesome too. They are very efficient and have good templates for most forms.
USCIS Announces H-1B Cap Exemptions Based on Relation or Affiliation
WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) announced in response to recent stakeholder feedback, that it is currently reviewing its policy on H-1B cap exemptions for non-profit entities that are related to or affiliated with an institution of higher education. Until further guidance is issued, USCIS is temporarily applying interim procedures to H-1B non-profit entity petitions filed with the agency seeking an exemption from the statutory H-1B numerical cap based on an affiliation with or relation to an institution of higher education.
USCIS Reminds Japanese Nationals Impacted by Recent Disaster of Available Immigration Benefits
WASHINGTON—In light of the recent earthquakes and tsunami in Japan, U.S. Citizenship and Immigration Services (USCIS) reminds Japanese nationals of certain U.S. immigration benefits available upon request.
USCIS understands that a natural disaster can affect an individual’s ability to establish or maintain lawful immigration status. Temporary relief measures available to eligible nationals of Japan may include:
USCIS to Start Accepting H-1B Petitions for FY 2012 on April 1, 2011
WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) announced that it will start accepting H-1B petitions subject to the fiscal year (FY) 2012 cap on April 1, 2011. Cases will be considered accepted on the date USCIS receives a properly filed petition for which the correct fee has been submitted; not the date that the petition is postmarked.
USCIS Reminds Grant Applicants of April 1 Deadline
U.S. Citizenship and Immigration Services (USCIS) reminded potential applicants of the April 1 deadline to apply for funding under the fiscal year (FY) 2011 Citizenship and Integration Grants Program. Organizations must apply electronically by 11:59 p.m. EDT on April 1 using the application package and instructions available at www.grants.gov.
FY 2026 H-1B Cap Initial Registration Period Opens on March 7
Release Date
Today, U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the fiscal year 2026 H-1B cap will open at noon Eastern on March 7 and run through noon Eastern on March 24, 2025. During this period, prospective petitioners and representatives must use a USCIS online account to register each beneficiary electronically for the selection process and pay the associated registration fee for each beneficiary.
H-1B Quota 2025
We recommend that the H-1B lottery registration process should be planned and initiated now to ensure that it is ready to be submitted once the registrations open from noon Eastern on March 7, 2025 through noon Eastern on March
Trump Administration - What to expect | Immigration updates - H1B Visa, OPT, Green Card
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Starting A US company on OPT | Latest Immigration Updates - H-1B | OPT | Green Card
Nonimmigrant Visas
Green Card
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Talent Visas Under Trump - EB-1A | O-1A | NIW/H-1B QnA, Feb 5, 2025
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Immigration Law
Green Card
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Increased Denials & Delays in some US Visa Categories, Rajiv in QnA, Feb 12, 2025
Nonimmigrant Visas
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H-1B Visa | OPT | CPT - Latest USA Immigration QnA, Jan 30, 2025
Nonimmigrant Visas
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Gap in approval dates between change of status from one status to another
Question details
I applied for a change of status from an H1B to an H4 visa via I-539 in May 2024 as I got laid off, with my last working date being 3/19/2024.
The document was received by USCIS on 5/10/2024 and confirmed by I-797C, Notice of Action dt 5/20/2024.
On 12/26/2024, my case was approved. I received I-797A Notice of Action with Approval on 1/7/2025. The approval date shows the validity of H4 from 12/23/2024 to 03/13/2027.
On my I-539 I had asked for the change of status to be effective from 05/15/2024 as my 60-day period would run out on 5/19/2024.
However, the H4 approval shows the start date as 12/23/2024. So, my question is, what status was I in during the period 5/19/2024 and 12/23/2024, and will I face any problems if I go for visa stamping? Do I need to write to USCIS and ask for a date to be changed to 5/15/2024 to avoid issues in the future?
FAQ Transcript
If you applied for a change of status (COS) while still in valid status—such as H-1B plus the 60-day grace period—you are not considered out of status while your application is pending. In this case, since you applied for H-4 within the grace period, the period between May (filing date) and December (approval date) is classified as an authorized period of stay, meaning it does not count as unlawful presence.
Even though the approval date is later, you are not subject to the three-year bar because you remained legally in the U.S. while the petition was pending. There are no negative implications for your status.
Can I delay using an H-1B visa to utilize the STEM extension period?
Question details
I am in my first year of OPT and eligible for a STEM extension. If selected in the H1B lottery on the first attempt, can I delay activating my H1B to fully utilize my STEM OPT? Would this be advisable, and what are the potential benefits or risks?
FAQ Transcript
If you have time left on your STEM OPT but have won the H-1B lottery, you can technically opt for H-1B consular processing and continue using your STEM OPT. However, since 2023, this approach has become riskier.
The safer option is to proceed with an H-1B change of status. If you delay the H-1B activation and later face job loss, transferring the H-1B could be more complicated. While consular processing is still possible, it carries uncertainties. If it were my case, I would choose the change of status for a more secure transition.
Can an H-1B holder start a company with a full-time job?
Question details
As per the new 2024 H1B Rules, can an H1B holder start a company with 100% ownership (possibly working on out-of-office hours/weekends) while holding a full-time job at another company?
FAQ Transcript
Yes, an H-1B holder can start a company while maintaining a full-time job, but there are key conditions:
- Concurrent H-1B: You must file for a concurrent H-1B for your own company.
- Ownership: You can own 100% of the company; USCIS allows majority ownership.
- Job Role: At least 51% of your work must be in your H-1B specialty (e.g., software development), not just as a CEO.
- Salary & Compliance: Your company must pay you a prevailing wage and follow all standard H-1B rules.
While legally possible, the process is complex and must be carefully structured to meet all H-1B regulations.
H-1B cap exempt visa pros and cons
Question details
I am on OPT, which started on 19th February 2024. I joined my first job on OPT on 8th July 2024 and lost one attempt at the H1B lottery. I work for a research foundation, and they can sponsor me for an H1B-exempt visa. I have a degree in computer science, and I ultimately want to work in corporate America, which means I need to get an H1B cap-subject visa.
My question is whether I should get this H1B exempt visa through my current organization or if I should try to switch to a different company and use my remaining two attempts at the lottery. I ask this because once I get the H1B exempt visa and change my status from F1 to H1B, I won’t be able to switch to a for-profit organization and would be stuck in H1B exempt visa category. H1B-exempt visa jobs are less and pay less. And though the option of an H1B concurrent visa is there but I feel in reality, it will be challenging to get a company to allow me to work for another company due to NDA requirements and also allow part-time work. (But I would appreciate your advice on this since you must have had client experience.)
Can you advise me on how to get the H1B exempt visa now? Does it have any advantage, given I want to transition to a corporate company? What options will I have if I switch to a for-profit organization? Also, I am currently funded through a grant, and it has runway till July 2026.
I have seen people saying not to get an H1B exempt visa as you will be stuck in that category, but I also feel that any H1B visa will be better than F1.
FAQ Transcript
If you have the opportunity to get an H-1B cap-exempt visa through a research foundation, you should take it. Having cap-exempt H-1B status does not prevent you from continuing to apply for the regular H-1B lottery.
Additionally, you can hold both a cap-exempt and a cap-subject H-1B concurrently as long as you maintain your cap-exempt job. If you win the H-1B lottery through a for-profit employer, you can easily switch to a regular H-1B.
Taking the cap-exempt route ensures immediate work authorization and does not limit future opportunities. The idea that you’ll be "stuck" in cap-exempt status is incorrect.
H-1B specialty occupation for MS in UX Design (STEM)
Question details
I hold an MBA (non-STEM) and an MS in UX Design (STEM) both from US universities. My role blends managerial duties with design expertise, and my career goals include executive positions in the design domain. How does this dual specialization impact my H1B case, particularly regarding the "specialty occupation" criteria? Are there any nuances I should be aware of?
FAQ Transcript
Yes, it is possible to get an H-1B for UX design, but it depends on how your job is classified. UX design can fall under multiple fields, such as computer science, graphic design, ergonomic engineering, human factors design, or industrial psychology.
To qualify for an H-1B, your role must clearly require a specialized degree in a related field. Work with your lawyer to determine the best classification based on your job duties and educational background. Careful planning is essential to ensure a strong case.
During my immigration processing, I have dealt with many immigration lawyers with rather disappointing results. The Law Offices of Rajiv S. Khanna stand out in many ways for their professionalism, quality of customer service, promptness of business, profound legal knowledge and expertise, and above all, professional ethics. My case was complicated - I had an I 751 petition denied for lack of supporting evidence and did not have my US Citizen husband's support. So I wanted to get an H1 visa to be able to stay in the country. Mr. Khanna and his team members really helped me with my case by giving me a very sound advise. I found several differential advantages of Mr. Khanna and his team members: They were able to grasp and line up all the facts of my case with no confusion or room for interpretation. The did legal research for my case before giving me legal advise and BEFORE deciding whether to take my case or not. So they do not waste their clients' money. The work that they performed on my case was done very promptly without leaving me up in the air waiting for the results. The work that they did for me left me confident that I got the best legal help available on my case, which is very important as dealing with USCIS and Immigration lawyers can be very frustrating. Overall, Mr. Khanna and his team members saved me time, money, frustration, trouble, stress, and made working with them an enjoyable experience.
Mr. Khanna proved to be the best lawyer I had to deal with. I highly recommend the Law Offices of Rajiv S. Khanna to everyone without any doubts. I hope I will not sound too strong if I say - if there's anything that can be done on complicated immigration cases, Mr. Khanna and his team will do the best job for the best value with professionalism, honesty, ethics, and integrity that makes them markedly stand out amongst the immigration lawyers. If I ever need any legal help for my immigration, I will not go to any other place.