Updated Policy Manual Guidance on O-1 Nonimmigrants of Extraordinary Ability
On Jan. 8, 2025, U.S. Citizenship and Immigration Services issued guidance in the Policy Manual, Vol.
On Jan. 8, 2025, U.S. Citizenship and Immigration Services issued guidance in the Policy Manual, Vol.
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mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
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mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
The Department of Homeland Security’s H-1B final rule and H-2 final rule take effect on Friday, Jan.
I am in the US with an approved COS from B2 to F1, so my F1 visa is yet to be stamped on my (Indian)Passport.
1. My STEM masters program is for 9 months, and my I20 has a start and end date of 2 years(2026). Do I have to stamp before the end of 2 years to avail myself of the OPT and STEM validity?
2.I might have to visit a family member in Canada sometime in mid-2025 after my master's program has started. Is it advisable to go to Canada since I do not have the F1 stamped on my Visa? If I can visit, then will I require a different visa?
3. Is it possible for me to schedule my F1 Visa stamping in Canada during the visit? Or would you advise something different here? Or is it better to get it stamped in Mexico?
If you are on an F-1 visa converted from B-2, your visa stamp is only necessary if you plan to travel outside the U.S. While in the U.S., your status is governed by your I-94, which typically says "DS" (duration of status) and remains valid as long as you maintain your student status.
If traveling briefly to Canada or Mexico for under 30 days, you can use Automatic Visa Revalidation (AVR) to return without a visa stamp, provided you haven’t applied for and been refused a visa during your visit. Scheduling visa stamping in Canada is risky—if denied, you lose AVR eligibility and must return to India to reapply.
I have accepted the first company’s offer, and it has filed for my H1B transfer. Now, I want to sign an offer from Company two and potentially join it. So, should I make the company speed up the process and delay joining the company in order not to get issues during the green card process? What if the company forces me to join?
You can file multiple H-1B transfers simultaneously, and it's legal. Approval of one transfer doesn’t obligate you to join that employer, nor does it affect your existing H-1B status with your current employer. You can choose to join any employer whose transfer gets approved, provided all transfers were filed while you were in valid status with your current employer.
However, if your H-1B validity is close to expiring (e.g., within 6 months), later-filed transfers may require "bridge petitions" to maintain continuity of status. Consult an immigration lawyer to ensure proper handling and avoid complications.
I worked in the US for the last 3 years on STEM OPT but did not get selected in the H1B lotteries. I returned to India in June 2024 and have been working with the same company since then. My employer plans to file my L1A visa petition after July 2025.
Can I also participate in the upcoming H1B lottery?
Would applying for the H1B affect my L1A petition?
Additionally, given that I have worked outside the U.S. for a year within the last five years with the same company, is it possible to transition from H1B to L1A status?
Yes, L-1A holders or applicants can also apply for the H-1B lottery. Filing for H-1B will not impact your L-1A application unless there’s a discrepancy in the job descriptions for the two applications.
Additionally, if you’ve worked outside the U.S. for at least one year in a managerial role, you can transition from H-1B to L-1A later.
My status: H1B + i140 approved (6 months completed)
Wife's status: H4 (applied for H4-EAD in July 2024)
My wife has a small business In India that she operates from here. She is currently in India (has been in India since Nov'24) and is traveling back to US (Jan'25) via Abu Dhabi.
1. Is she allowed to work for her India company in US? Everything she earns is in INR
2. If asked at port of entry, do you work in India, should she say yes or no?
An H-4 visa holder operating a small business in India from the U.S. could potentially violate their visa status, even if earnings are in Indian rupees. At the port of entry, honesty is essential—lying could lead to a permanent U.S. entry ban, which is hard to waive.
While it's unclear if this constitutes a status violation, it’s a borderline case. To avoid risks, it’s advisable not to engage in such activities while on H-4 status.
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mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Published by: The Financial Express - April 06, 2025
https://shorturl.at/dkbWQ
Quotes and Excerpts from Rajiv in the article:
Rajiv S Khanna, an Arlington-based immigration attorney disclosed that F-1 and H-1B visa holders often turned to the recently shot down office “when they hit bureaucratic roadblocks within US Citizenship and Immigration Services (USCIS) that threatened their legal status and livelihoods.”
For more information on this news, please see the attachment.
Published by: India.Com - April 07, 2025
https://shorturl.at/xWXrg
Quotes and Excerpts from Rajiv in the article:
Published by: The Economic Times - April 07, 2025
https://shorturl.at/2MLOp
Quotes and Excerpts from Rajiv in the article:
Published by: The Economic Times - Date: April 05, 2025
Quotes and Excerpts from Rajiv in the article:
Published by: NewsBytes - April 05, 2025
https://www.newsbytesapp.com/news/world/trump-administration-disbands-c…
Quotes and Excerpts from Rajiv in the article:
Published by: Mwakilishi.com - April 05, 2025
https://mwakilishi.com/article/immigration-news/2025-04-05/us-disbands-…
Quotes and Excerpts from Rajiv in the article:
Published by: MYind.net - April 05, 2025
https://myind.net/Home/viewArticle/us-shuts-down-key-immigration-helpde…
Quotes and Excerpts from Rajiv in the article:
Published by: The Munsif Daily - April 09, 2025
https://munsifdaily.com/us-silences-immigrant-lifeline/
Quotes and Excerpts from Rajiv in the article:
Published by: Business Standard - April 10, 2025
https://shorturl.at/eriAx
Quotes and Excerpts from Rajiv in the article:
Published by: The Times Of India - April 04, 2025
Quotes and Excerpts from Rajiv in the article:
Published by: The Economic Times - Date: April 04, 2025
Synopsis
The State Department's new social media screening measures affect F-1, M-1, and J-1 visa applicants, requiring mandatory reviews under certain conditions. These include broad interpretations of terrorist support and criteria for hostile attitudes toward U.S. institutions, potentially leading to visa revocations.
For more information on this article, please see the attachment below.
My H-1B to B2 status change (I-539) was approved, and the I-94 expiry date on my B2 approval notice is 21 April 2025.
Now, if I apply for a B2 extension or F-1 change of status, then can I stay in the USA after 21-Apr-2025 while my decision is pending?
Yes, you can generally stay in the US while your B-2 extension or F-1 change of status application is pending, provided you file it before your current status expires. This applies to most applications filed while still in status (e.g., H-1, B-1, B-2, L-1, E-1, E-2). If your I-94 expires on April 21st and you apply for a B-2 extension or F-1 change of status before that date, you can stay in the US while your application is pending because you filed it timely.
I am a mechanical engineer currently working as an MEP design engineer, and I hold a professional engineer (PE) license in North Carolina. I am on an H-1B visa with an approved I-140.
With the recent rule changes, I wanted to understand whether I can open my own MEP design firm while on H-1B status without maintaining an employer-employee relationship. Additionally, would I be allowed to start the company while maintaining my current full-time job and transition to running the firm full-time once I build up a client base?
Yes, you can incorporate a company while on an H-1B with another employer, but you cannot actively conduct business for your own company without violating your H-1B status. To operate your own company while on H-1B, you would need to transfer your H-1B to your own company or obtain a concurrent H-1B for your company, which requires demonstrating an employer-employee relationship and meeting salary requirements. There are practical difficulties with this, including funding your own salary.