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Proposed Changes to F-1, J-1, (students) and I Nonimmigrant Classifications

3 months ago By Rajiv S. Khanna

The Fundamental Shift: End of Duration of Status

The proposed regulation represents the most significant change to student and exchange visitor immigration in over 40 years. As stated in the preamble:

"DHS proposes to amend its regulations by changing the admission period in the F, J, and I classifications from duration of status to an admission for a fixed time period." (Page 1)

Rajiv's Comments in The Times of India - DHS regulation seeks to tighten stay for international students and removes flexibility in pursuing educational courses

3 months ago By Chief Editor

Published by: The Times of India -  August 29, 2025

https://timesofindia.indiatimes.com/nri/dhs-regulation-seeks-to-tighten…

Quotes and Excerpts from Rajiv in the article:

Rajiv's Comments in The Daily Californian - Trump administration proposes four-year limit on international student visas | National Open Primary tabs configuration options Primary tabs

3 months ago By Chief Editor

Published by: The Daily Californian -  September 04, 2025
https://shorturl.at/jquuv

Quotes and Excerpts from Rajiv in the article:

Approximately 2.1 million foreign students are enrolled in an F, J, or I program, with an estimated 414,000 individuals requesting extensions annually, as reported by the Law Offices of Rajiv S. Khanna.

For more information on this news, please see the attachment.

Rajiv's Comments in the News - H1B, green card nightmare,’ Indian lawyer exposes US job market’s hiring freeze, racism

8 months ago By Chief Editor

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.

F-1 Student Status

12 years ago By Chief Editor

Our client, a former Tri-Valley University of California (TVU) student who was left out of status due to unexpected closure of TVU, applied for reinstatement to student status.  He retained us to respond to the Request for Evidence (RFE) he received on his reinstatement application.  There were several serious issues raised by USCIS in the RFE.  One of them was that the USCIS alleged that the online classes our client took at TVUdisqualified him from full-time F-1 student status.  We prepared a comprehensive response and documented our client’s entire case history

Nonimmigrant Visas

Rajiv's Article - Enhanced social media vetting for student and exchange visas - What you need to know

8 months ago By Chief Editor

Published by: The Economic Times - Date: April 04, 2025

https://shorturl.at/xyEtn

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.

B-2 extension/F-1 Change of Status: Can I stay in the U.S.?

8 months ago By Chief Editor
Question details

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?

 

FAQ Transcript

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.

Rajiv's Comments in the News - By Weaponizing Arrest Records and Suspending Due Process, the Trump Administration Has Targeted Over 1,000 Foreign Students

7 months ago By Chief Editor

Published by: Drop Site News -  April 20, 2025

https://www.dropsitenews.com/p/deportation-students-ice-dhs-visas

Quotes and Excerpts from Rajiv in the article:

Extending B-1/B-2 visa for mother with health concerns – Options for caregiving in the US

8 months ago By Chief Editor
Question details

The question is regarding my mother, who comes on B1/B2 every 6 months. My father expired during the COVID-19 pandemic, and she stays alone in India. My brother and I both live in the US. He is on an H1B visa, and I am on an H4 visa. My mom is also suffering from arthritis and is not able to walk much.

Is there a way we can extend her B1/B2 instead of sending her back to India? She has nobody to look after, and we are under a lot of stress as we are settled here and can't be in India for six months.

FAQ Transcript

Yes, it may be possible for the mother to obtain a B-1/B-2 visa and potentially extend her stay in the US to help her children who are on H-1 visas. While not explicitly stated in law, there's a policy principle, often related to "cohabiting partners" as outlined in the State Department's Foreign Affairs Manual, that allows for B-1/B-2 visas in situations where close relationships exist, but dependents don't qualify for F-2 or H-4 status (like a parent of an H-1B holder).

This approach has been used successfully in the past for extended stays. However, it's not guaranteed and can be subject to the discretion of individual immigration officers. There's a risk of encountering issues or receiving requests for further evidence that may not make sense, requiring further action.

 

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