Guestbook Entry for Preet, United States
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Preet
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United States
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Nebraska
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Recording for August 08, 2024 Conference Call with Rajiv S. Khanna
FAQs: NIW Required commitment duration, Adjustment of status, Naturalization considerations, and Interim work status option || Impact of DWI conviction on H-1B holder's H-4 dependent visa stamping and future travel considerations || H-1B extension pending: Impact of traveling to India using old visa, returning with 2-3 days remaining on visa, etc. || H-1B options as an F-1 student on STEM OPT in a nonprofit university: Cap-subject vs. cap-exempt strategies and transitioning to cap-subject H-1B in the future
Recording for February 29, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Immigration Law
Discussion Topics:
Feb 24, 2024, Rajiv in QnA session on behalf of students, young professionals
Immigration.com
Nonimmigrant Visas
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
ICE Announces Expanded List Of STEM Degree Programs
News Releases
May 12, 2011
WASHINGTON-U.S. Immigration and Customs Enforcement (ICE) published an expanded list of science, technology, engineering, and math (STEM) degree programs that qualify eligible graduates on student visas for an Optional Practical Training (OPT) extension-an important step forward in the Obama administration's continued commitment to fixing our broken immigration system and expanding access to the nation's pool of talented high skilled graduates in the science and technology fields.
Recording for March 28, 2024 Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Discussion Topics:
FAQs: Staying outside the US on Re-Entry Permit Validity, Usage, and Multiple Entries for Green Card Holders || Unemployment Benefits for H-4 + EAD Holders with Previous H-1B employment
USCIS Updates Guidance for F/M Nonimmigrant Student Classification
Release Date
08/27/2024
USICS is updating guidance in the USCIS Policy Manual regarding when students may be eligible for optional practical training (OPT) extensions for Science, Technology, Engineering, and Mathematics (STEM) fields. This guidance, found in Volume 2, Part F, of the Policy Manual, also provides clarifying guidance for F/M nonimmigrant students concerning online study, school transfers, the grace period, and study abroad.
The Policy Manual update:
Recording for August 22, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Green Card
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
H-1B options as an F-1 student on STEM OPT in a nonprofit university: Cap-subject vs. cap-exempt strategies and transitioning to cap-subject H-1B in the future
Question details
I am currently in my second year of OPT ( my stem OPT expires in December 2025), and I am working as a software engineer at a Nonprofit university.
Here is my plan for scenarios that might happen, and I need your help to tell me if I am on the right path or completely moving in the wrong direction.
My employer agreed to file an H1 at the end of the stem opt, but I plan to ask my employer (a non-profit) to file a cap-subject visa for me. Everything will be fine if they do and it gets picked. If not, I have a long-standing offer ( with a project ) from a consulting firm who will file for me.
- My question is, either way if lottery doesn't get picked i am planning to go with cap exempt route from my university.
- If I have an H-1B cap-exempt visa and my lottery gets picked any time in the future, the chances of the client waiting till Oct 1(visa start date) can be unpredictable. Is there a way to bypass this by moving to day one CPT or any other visa and starting working immediately with the client? I heard that it is practically impossible to move to cap subject if i have cap exempt visa and my priority is cap subject.
FAQ Transcript
If an H-1B cap petition is approved, you could consider moving to Day 1 CPT to start working immediately for a client. However, since your H-1B won't take effect until October 1st, a better option might be to pursue a concurrent H-1B until then, allowing you to work immediately and transition to your permanent H-1B status later.
Recording for September 05, 2024 Conference Call with Rajiv S. Khanna
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
Recording for September 26, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Topics Discussed:
FAQs: EB-2 NIW I-140 portability for employer-sponsored cases || Concerns regarding nonpayment of wages and potential H-1B impact || Maintaining LPR status (Green Card) during extended absences for employment || Rising NIW rejection rates: Examining changes in eligibility criteria
Recording for October 24, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Green Card
FAQs: GC approval before AC21 Supplement J could be filed || H-1B grace period eligibility after second layoff and B-1/B-2 visa options for job search
Increased Denials & Delays in some US Visa Categories, Rajiv in QnA, Feb 12, 2025
Nonimmigrant Visas
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Can I volunteer with a Non-Profit while on any temporary visa (for example, F-1 OPT)?
Question details
I am on F1 OPT and working for a company. I have a few questions:
1. Am I eligible to volunteer with a nonprofit organization related to my field if the work involves event organization (webinar or In-person training)?
2. If I volunteer to review research papers or articles in my field, would that be considered permissible, or would it be classified as work?
FAQ Transcript
Yes, you can volunteer while on a temporary visa as long as you are not compensated in cash or kind.
For F-1 OPT, if the volunteer work is meant to count toward your OPT compliance, it must be at least 20 hours per week and related to your field of study. If it’s purely additional volunteer work (e.g., helping at events, reviewing research papers) and not counted for OPT compliance, there’s no issue, but check with your DSO.
However, you cannot volunteer for a for-profit company, as that could violate labor laws, though the violation would be on the company’s part, not yours.
Recording for November 07, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Green Card
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
Rajiv's Comments in the News - Tough days ahead for international students in US: Will OPT and visa duration be curtailed?
Published by: The Times of India: Nov 07, 2024
https://tinyurl.com/7aj34mx4
Quotes and Excerpts from Rajiv in the article:
H-1B layoffs: 60-day grace period, visa options, and transitioning to study
Question details
- H1B 60-day grace period starts on the date of getting notice of layoff from the employer, on the date of the severance paycheck, or on the last date of the regular paycheck?
- During H1B 60-day grace period, what is the best time to apply for B1/B2? When 30 days are left, 15 days are left, etc.?
- H1B is for 6-years of work, or 6-years total? I mean does unemployment time or B1/B2 time etc. also counts in 6-years of H1B?
- After layoff on H1B, if decided to go to school, then how to stay in US until getting admission decision and until school starts, that could take many months.
- After layoff on H1B, what is the better option to choose between B1/B2 and F-1?
FAQ Transcript
The H-1B 60-day grace period starts the day after your last pay period or working day, whichever is later. It's best to apply for a B1/B2 visa around the 50th–55th day (depending on how you apply online or by email) if transitioning and an F-1 visa if planning to study. The grace period counts toward the H-1B six-year cap, but B-1/-B2 time does not. For detailed scenarios and advice, refer to the video.
Recording for November 21, 2024 Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Green Card
Topics Discussed:
Proposed Changes to F-1, J-1, (students) and I Nonimmigrant Classifications
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
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
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
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
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
Rajiv's Comments in the News - Bad news for Indians students, H-1B visa holders as US govt decides to shut down…, set to affect…
Published by: India.Com - April 07, 2025
https://shorturl.at/xWXrg
Quotes and Excerpts from Rajiv in the article: