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

9 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.

H-1B entrepreneur, starting an MEP design firm, Employer-employee relationship, and transitioning to self-employment

10 months ago By Chief Editor
Question details

I am a mechanical engineer currently working as an MEP design engineer, and I hold a professional engineer (PE) license in North Carolina. I am on an H-1B visa with an approved I-140.

With the recent rule changes, I wanted to understand whether I can open my own MEP design firm while on H-1B status without maintaining an employer-employee relationship. Additionally, would I be allowed to start the company while maintaining my current full-time job and transition to running the firm full-time once I build up a client base?

 

FAQ Transcript

Yes, you can incorporate a company while on an H-1B with another employer, but you cannot actively conduct business for your own company without violating your H-1B status. To operate your own company while on H-1B, you would need to transfer your H-1B to your own company or obtain a concurrent H-1B for your company, which requires demonstrating an employer-employee relationship and meeting salary requirements. There are practical difficulties with this, including funding your own salary.

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

10 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.

Recording for March 20, 2025, Conference Call with Rajiv S. Khanna

10 months ago By Chief Editor

FAQs: 

Others:

Mother's I-485 pending: Advance parole for travel to India - Will it affect filing? || Cap-exempt H-1B I-140/PERM, OPT employer (Upwork), STEM OPT use, and F-1 travel to Canada || Employer-sponsored NIW I-140, FOIA request, self-petitioning, and petition validity || F-1 OPT, cap-exempt H-1B, changing to cap-subject H-1B, and H-4 EAD timing || Can I get a new H-1B visa stamp after extension approval? Travel with two valid visas? || K-1 visa for Indian fiancé: Required documents, marriage after entry, and filing for green card/EAD/advance parole || K-1 visa processing, B-1 visa travel risks, timeline, and relationship evidence ||H-1B transfer approved - How long until payroll must start? What are my options?

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