Recording for October 19, 2023 Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Green Card
FAQ‘s:
- EB-2 vs. EB-3 visa filing: Pros, cons, and priority date considerations || What is a 212(a)(6)(c)(1) refusal of visa?
Others:
FAQ‘s:
Others:
Discussion Topics:
FAQ’s: EAD delayed - options || Benefits of National Interest Waiver
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
FAQs: Options when H-1B project is canceled || B-2 visa dilemma: Extend or switch to CPT for PERM/I-140 || Procedure to recapture H-1B/L-1 time outside the U.S.
I am currently on a B2 status and waiting for PERM approval. I have extended my B2 once, and I still think I would need another six months until my perm and I140 get approved. I need your suggestion in making a decision:
Should I move to day 1 CPT OR extend my B2 for another six months?
Which one will be the best option so I don’t get any RFEs from USCIS in the future?
I have another question: My parents and brother have their B2 visa interview scheduled for May 31st. If they ask my parents about me, is it a good idea to mention my situation in the interview?
If you are on a B-2 visa waiting for PERM approval. You can choose between:
Day 1 CPT: Allows you to work while studying but requires school enrollment.
B-2 extension: Extends your stay but may not allow work. Choosing depends on your work needs and ability to enroll in school.
Regarding your parents' visa interview, advise them to answer truthfully about your situation. Don't misrepresent information to USCIS.
Discussion Topics, June 6, 2024 FAQs: International Managers (EB-1C) changing jobs under AC21 portability after 180 days || FAQ: H-1B 60 days grace period H-1B transfer; Impact of switching to B-1/B-2; and family visa validity || FAQ: H-1B 60 days grace period to B-2 conversion: Status gap, transitioning back to H-1B; Starting work again
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
FAQs: Moving to India in 2025 on H-1B extension, I-140 portability, and future U.S. opportunities || Extending parent's stay in the U.S. beyond six months on a B-2 visa
Discussion Topics:
FAQs: EB-1A Use Case -- STEM OPT cloud solutions engineer at a nonprofit university || Layoff on H-1B, Changing status from B-1/B-2 pending to F-1 || Impact of layoff on green card status and future naturalization || H-1B laid off: Second B-1/B-2 visa extension
Topics for Discussion:
Can I use my USCIS case status approval page to extend my H1B visa beyond six years, or are there other ways to obtain my I-140 approval document? || H4 transfer, H4 EAD renewal, automatic extension of EAD || J-1 waiver and H-1B, what are my visa options? || H-1B transfer and PERM based GC || F1 CPT and change of status to H-4 visa || Travel on H-1B Visa || EB-2 and I-140 approval || Eligible to apply for citizenship? || Parallel COS application timeline from H-1 to F2 Visa || H-1B transfer to new employer || H-4 and EAD, automatic EAD extension
Topics Discussed:
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
FAQs:
1. Can I volunteer with a Non-Profit while on any temporary visa (for example, F-1 OPT)?
2. Options after layoff on approved EB-1 - Compelling circumstances EAD and GC EAD conversion
3. NIW I-485 rejected: Refiling options and priority date usage?
FAQ: H-1B layoffs: 60-day grace period, visa options, and transitioning to study || Employer and agency verification requirements on the most recent I-94: Is this new note typical? || H-1B stamping delay and administrative processing in India: Payroll gaps, re-entry concerns, and expediting Options
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.
I have a specific question about building a startup in the US. I am currently on a STEM OPT (expires Sep, 2026), and am currently unemployed. My unemployment days (90 + 60) run out around April 30. I want to build a startup as a solo founder in the tech space, and go the O1A route.
My question is, can I start a company as a solo founder? What if I create a board to show employer-employee relationships? I am planning on raising money and also applying for grants as I build out the product and acquire users.
Alternatively, I am part of another company with two American cofounders (I have <40% equity), but we have no revenue as of yet. Can I leverage my involvement with that company to maintain legal status?
Answer: You can start a company as a solo founder and pursue an O-1A visa, but there's no guarantee of approval. While structuring your company with a board to show an employer-employee relationship might work for O-1A, it won't work for STEM OPT unless someone senior is supervising you. Involvement in another company with American co-founders and less than 40% equity doesn't directly help maintain legal status, except possibly for the O-1A visa or considering CPT.
You can start a company as a solo founder and pursue an O-1A visa, but there's no guarantee of approval. While structuring your company with a board to show an employer-employee relationship might work for O-1A, it won't work for STEM OPT unless someone senior is supervising you. Involvement in another company with American co-founders and less than 40% equity doesn't directly help maintain legal status, except possibly for the O-1A visa or considering CPT.
My STEM OPT expires in October 2025 and my H1b has not picked in the lottery in the 3 attempts. I want to know what options do I have to continue working for my current employer? The most common option I have been recommended is Day1 CPT. I need to travel to India in November 2025 for my wedding and wanted to know what process should I follow getting a F1 stamp/ restamp under Day1 CPT. Also, are there any other options that I can use to continue working for existing employer and still be able to travel to India in November.
Main concern is F1 stamp/ restamp on Day1 CPT. What can I do on my end to ensure successful stamping? Or can should I travel to India now when I have valid STEM OPT to get a stamping under the current F1 status.
Another option I came across is Open Avenues, where I get a cap exempt H1B visa for part time job and I can continue my full time role alongside it. What are your thoughts on this option and what do stamping success rates look under this option?
Generally, pursuing day one CPT and then going for F-1 visa stamping carries a higher risk of denial. While the outcome depends on the visa officer's judgment, selecting a course of study under CPT that aligns with and furthers your career is the primary recommendation to potentially improve your chances.
FAQs:
1. H-1B extension beyond six years. PD is now current. I changed employer. Options.
2. Employer deducted H-1B premium fee — Will this affect visa stamping or POE?
Other Topics :
Published by: Business Today- July 02, 2025
https://www.firstpost.com/explainers/us-time-limit-rule-stay-foreign-st…
Quotes and Excerpts from Rajiv in the article:
Published by: Upstox- July 02, 2025
https://upstox.com/news/business-news/latest-updates/trump-s-fresh-visa…
Quotes and Excerpts from Rajiv in the article: