H-1B Visa | OPT | CPT - Latest USA Immigration QnA, Jan 30, 2025
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Increased Denials & Delays in some US Visa Categories, Rajiv in QnA, Feb 12, 2025
Nonimmigrant Visas
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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?
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.
Entrepreneur. Can I start a company on STEM OPT? O-1A visa and maintaining legal status
Question details
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.
FAQ Transcript
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.
Day 1 CPT and F-1 visa stamping
Question details
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?
FAQ Transcript
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.
Recording for May 01, 2025, Conference Call with Rajiv S. Khanna
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Nonimmigrant Visas
Immigration Law
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Recording for May 15, 2025, Conference Call with Rajiv S. Khanna
Immigration.com
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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 :
Rajiv's Comments in the News - US proposes ‘time limit’ on stay of foreign students: How it will impact Indians
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:
Rajiv's Comments in the News - Trump's fresh visa move: US may scrap ‘duration of status’ for international students; what does it mean?
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:
Statistics - SEVP Quarterly Review
SEVIS by the Numbers is a statistical summary report produced using data compiled from SEVIS. This report provides a snap-shot of relevant and useful information and is used as a resource by a variety of SEVP stakeholders and partner agencies.
This quarterly review is based on information retrieved on January 15, 2014. As SEVIS is a real-time database, exact numbers within this review were accurate as of the date retrieved.
SEVP deploys new class of field representatives to work with US schools hosting international students
WASHINGTON — The Student and Exchange Visitor Program (SEVP) deployed 14 additional field representatives to territories across the country this week. The field representatives serve as liaisons between the nearly 9,000 U.S. schools that enroll international students and SEVP. The program, housed within U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), certifies schools to enroll international students and protects national security by overseeing those students for compliance with U.S. laws.
Important! TVU Students With NTA's, Come Meet With ICE
The representatives of ICE and SEVP would be visiting the Embassy of India (2107 Massachusetts Ave. NW, Washington DC 20008) on Friday, April 15, 2011 at 10.30 AM. Former TVU students interested in attending this meeting to interact with the officials of the ICE and SEVP should let us know. Our Ambassador and Deputy Chief of Mission would also be present during the meeting.
Some positive developments on the TVU situation
News about the meeting arranged by Mr. Rao and other friends of TVU students have started coming in. Good job Naveen, Shashi and others involved in bringing this about.
See http://www.fullhyderabad.com/hyderab...l-officer-3906
Also, all students, keep updating your information so we can hand it over to the authorities to understand the problems we are facing:
More TVU harassment -- students tagged and harassed in Virginia
Once again, the United States of America has shown its ugly face to the defenseless TVU students. I will give you this that the "United" States are highly fractured when it comes to immigration enforcement. The TVU handling shows that there is no coherent central directive on policy. Within the same office (for instance, in New Jersey), two officers realize the appropriate context and act moderately, while a third officer goes around ranting and raving and focusing the "full might of the US government" upon those who can do little against him. The buck must stop at the White House.
DHS Launches Enhanced Website for Schools, International Students
WASHINGTON — The Department of Homeland Security (DHS) launched an enhanced Study in the States website Monday with four new features. The features enable the Student and Exchange Visitor Program (SEVP), housed within U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), to convey pertinent information to stakeholders about the international student process in a clear and interactive manner.
The new features include: