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
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
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mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
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?
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.
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
Quotes and Excerpts from Rajiv in the article:
- 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?
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.
Topics Discussed:
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)
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:
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.
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.
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
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 Financial Express - April 09, 2025
https://www.financialexpress.com/world-news/student-visas-us-lawyer-mem…
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.