US Immigration Questions

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form. This answer is for information purposes only and does not create an attorney-client relationship.

H-4 extension (I-539) abandoned by travel? Re-filing strategy after re-entry with new I-94

Question details

I wanted to seek your guidance regarding my pending H4 extension application. Below are the details:
I am on H4 status with my current visa valid until August 29, 2025.
My husband’s H1B extension has been approved, and we filed my H4 extension (I-539) along with his H1B. I received my receipt notice on April 2, 2025. Due to a family health emergency, I traveled to India on April 29, 2025, and re-entered the US on June 18, 2025, using my valid H4 visa. Upon entry, I received a new I-94 valid until [insert the expiry date on your new I-94 here, e.g., August 29, 2025]. I would like to confirm:
Will my pending H4 extension (filed prior to travel) be considered abandoned due to my departure from the US while it was in process?
Should I apply for a new H4 extension application? Is it recommended to recall the current H4 extension application and immediately fill a new H4 extension? Or should I wait till I get my H4 withdrawal approved?
If so, do I need to file a new H4 extension application before the expiry of my current I-94 to maintain my status beyond that date? 
Is there any additional action you recommend in this situation to ensure uninterrupted H4 status?
 

ANSWER
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FAQ Transcript

Your H-4 extension (I-539) will not be considered abandoned even if you travel internationally and re-enter with a new I-94 while it's pending. It's a common, though undocumented, rule that travel is permissible during an extension application, unlike a change of status. You do not need to refile your H-4 extension. For peace of mind, you can contact USCIS customer service to confirm.

F-1 COS -- Risks of future denials, job search, and visa stamping with multiple status changes

Question details

My question is regarding conversion from H-4 to F-1. I landed in the US on an F-2 visa, which was later converted to an H-4. So I don't have a sticker visa on my passport. Now I'm trying to gain admission to a university and change my status to F-1 again. Would I face any issues in this matter now or later? If I don't manage to get a job later, would I still be able to stay and convert back to H-4, or could I possibly face a denial?

Secondly, if I go back home and get a visa stamp, can I face any potential problems because this is going to be my second master's and I've gone through three visa status changes in a short period?
 

ANSWER
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No, there's no limit to how many times you can change your immigration status within the U.S. As long as the changes (e.g., F2 to H4 to F1) are legitimate and not just for "fun," they should not pose a problem for future denials or visa stamping.
 

What are the risks of job seeking while on F-2 or B-1/B-2 status post-H-1B layoff

Question details

I am currently on an H1B visa and, unfortunately, I’ve been laid off. My last working day will be July 31st. I'm evaluating my options to maintain legal status in the U.S. after that date. The two primary paths I’m considering are:

Filing a Change of Status to B1/B2 (Visitor Visa). Filing a Change of Status to F2 (Dependent on my wife’s STEM OPT)
I saw your post on LinkedIn where you mentioned that USCIS has recently issued RFEs in B1/B2-to-H1B conversion cases, citing that seeking employment while on a B status may constitute a status violation.
My question is:
If I change to F2, would I face similar scrutiny during a future change back to H1B, especially if I'm job hunting while on F2?
Does job searching or interviewing while on F2 (without actual employment) violate the terms of that status? Also, I'd greatly appreciate your insights on the pros and cons of switching to F2 vs. B1/B2 from a strategic and compliance perspective.
 

ANSWER
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Seeking a job while on F-2 or B-1/B-2 status after an H-1B layoff carries no inherent risk, as the prohibition is on doing the job, not looking for one. While some individuals have faced challenges from USCIS when converting back to H-1B, the speaker views such objections as unfounded. Even in a worst-case scenario, an H-1B approval might necessitate a brief departure and re-entry to the U.S.
 

US Visa & Social Media: What you need to know about new screening policies and their impact

Question details

I believe there was a proposal to include social media handles as part of certain visa/immigration applications. Do you know what the consequences of that are?

If one has deleted social media accounts they don't have access to or accounts they don't remember the details for would that negatively impact the application? Also, is it just public posts that get reviewed or do private messages/dms get reviewed also?

ANSWER
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FAQ Transcript

As of June 24, 2025, the US Consulates have updated their policies for F (academic student), M (vocational student), and J (exchange visitor) visa applicants. The key requirements are:

Public Privacy Settings: All your social media accounts must have their privacy settings adjusted to "public" so that the consulate can review them.

Disclosure of Usernames: You are required to list all social media usernames or handles from every platform you have used for the last 5 years. This includes accounts, even if they have since been deleted.

Failing to comply with these requirements, including omitting social media information or keeping accounts private, could lead to visa denial. The new policy aims to facilitate vetting to establish identity and admissibility to the United States.

B-1/B-2 Visa for Laid-Off H-1B Holders: Current Policy and Best Practices

Question details

Is applying for a B-1/B-2 visa still an option for individuals who have been laid off while on an H-1B visa?

ANSWER
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Yes, applying for a B-1/B-2 visa (visitor visa) is still an option for laid-off H-1B holders. While there have been policy changes and clarifications from the US government regarding this, individuals are currently receiving approvals for B-1/B-2 applications.

Key Points and Best Practices:

Archived Policy: The previous "premium processing" policy for B-1/B-2 and subsequent H-1B applications under the Trump administration has been archived by the current administration. This means that policy is no longer in effect, and a new official policy has not been explicitly stated.

Current Practice: Despite the archived content, immigration attorneys are reporting successful B-1/B-2 approvals for individuals who have been laid off.

Job Searching on B-1/B-2: Historically, looking for a job was considered an impermissible activity on a B-1/B-2 visa. However, current practice and some recent USCIS guidance suggest that attending interviews and discussing potential roles is permitted.

Contradictory Stance: There have been instances where Request For Evidence (RFEs) were issued for B-1/B-2 to H-1B conversions, stating that job searching is not allowed on a B-1/B-2. However, upon "fighting back," the government has sometimes flip-flopped, asking for proof of job search efforts. This highlights the evolving and sometimes inconsistent nature of the policy.

Honesty and Documentation are Crucial:

Always tell the truth: When applying for a B-1/B-2, clearly state that you were unexpectedly laid off and are looking for a new job.

Prove financial stability: Demonstrate that you have sufficient funds to support yourself during your stay without needing to work.

Document your job search: Maintain detailed records of your job search efforts, including:

Resumes sent out

Companies contacted

Dates of contact

Interview details and outcomes

This documentation can be vital if an RFE is issued.

Conversion to H-1B: If you secure a new H-1B job offer while on B-1/B-2, your new employer will need to file an H-1B petition on your behalf. You cannot begin working until your H-1B status is approved. In some cases, USCIS may process a pending B-1/B-2 and a new H-1B petition concurrently, especially if the H-1 B is premium processed.

Stay Informed: Immigration policies can change. I will post further updates on my LinkedIn, so keep an eye out there.

Also see Rajiv Khanna's Author Page in THE ECONOMIC TIMES

In summary, while the official stance on B-1/B-2 for laid-off H-1B holders has been ambiguous, the practical experience suggests it remains a viable option. The key is to be truthful in your application, demonstrate financial self-sufficiency, and meticulously document all job search activities.

Is it legal to take "Paid Time Off" after the end date of EAD as payment for work done earlier?

Question details

Context: My EAD is ending and I would be moving to another country with my current employer. They have asked me to apply for PTO after the EAD end date and before start date (in another country) so that I remain on the payroll. I would be in the US for a week or so after the EAD end date. Is it legal for me to take PTO after EAD end date? My company's Immigration department is not answering this and asked me to consult a lawyer.
 

ANSWER
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FAQ Transcript

It's legal to receive earned PTO after your EAD expires, as it represents payment for past work, not new employment. However, your legal stay in the U.S. after EAD expiration depends on your underlying visa status (e.g., grace period for OPT/STEM OPT). If your new employer is abroad, your H-1B transfer will involve consular processing, requiring you to get a new visa stamp outside the U.S.

Immigration Law

Can I stay in the U.S. on B-2 after H-1B employment ends and the grace period was previously used

Question details

Currently, I'm on H1-B with an employer. My last working day with them would be on May 31st, 2025. I've already completed my grace period in the past, which was Sep 1st, 2024 - Oct 31st, 2024. I went back to my country and came to the US with my current employer. Now, I'm still looking for a new employer, and I don't think I can find one within this week. Can I still file for a B1/B2 visa and stay in the country without an employer from next week, May 31st, 2025? Can I be unemployed during the process time? Will there be any consequences?

 

ANSWER
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No, you can potentially stay on a B-2 visa after H-1B employment ends, even if you've used a grace period before.

Here's why: The 60-day H-1B grace period renews with every new H-1B approval (extension, amendment, or transfer). Therefore, if you received a new H-1B approval with your current employer, you would have a fresh 60-day grace period.

During this grace period, you can file for a B-2 (visitor) visa to remain in the US. You are not considered unlawfully present until your B-2 application is denied. However, it's crucial to consult an immigration lawyer for personalized advice.

 

Will admitting to an unsuccessful job search affect my B-2 visa extension approval?

Question details

While applying for a B2 extension for job search, if I mention that despite giving so many interviews, I have not been able to get a job offer, will it increase or reduce my chances of approval?

 

ANSWER
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FAQ Transcript

Admitting to an unsuccessful job search on a B-2 visa extension application is unlikely to negatively affect approval, and honesty is always recommended. While not explicitly required, it's a logical and natural detail to include in your extension request, especially since your initial B-2 was likely for job searching.

When seeking an extension, you should:

  1. Detail your job search efforts, including specific companies you've interviewed with and the outcomes.
  2. Demonstrate sufficient funds to cover your stay without unauthorized employment.

Providing specific details about your job hunt adds credibility to your petition.

 

Nonimmigrant Visas

New 5% remittance tax bill for non-US citizens: Will it pass and are non-citizens eligible for tax credit?

Question details

I am reasonably sure that many people would be interested in learning about the new 5% remittance bill for non-US citizens and non-nationals. It's part of the big beautiful bill, so does it have a chance of getting passed? Is there a component of tax credit back for non-citizens (It says it has a tax credit back for taxpayers, but does not specify if they have to be US citizens/nationals or not) - if so, what % of it is reimbursed?

This would affect all countries, but India and Nigeria would be the most impacted. The media in both countries are covering it, but they are not mentioning the tax credit. We request that you shed more light on this bill and assist us with the possibilities, dates, and details.

 

ANSWER
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Passage of the Bill: It's unlikely to pass the Senate in its current form, despite passing the House. Such provisions often face significant opposition when bundled into larger bills, and there's limited political support for a tax specifically targeting non-citizens sending money home.

Tax Credit Eligibility: Generally, non-citizens are not eligible for most US tax credits, particularly those intended for citizens or permanent residents. While specific tax credit eligibility is complex and depends on individual circumstances and the credit itself, the expert notes that a tax credit component for non-immigrants would defeat the bill's apparent purpose.

 

Green Card

Employer deducted H-1B premium fee — Will this affect visa stamping or POE?

Question details

My H1B was picked in the 2024 lottery, but there was no progress on the case for months, so I asked my employer to move it to premium. They said that it would be charged through my payroll, and I was okay with that. Later, I received an RFE, and the petition was approved recently.

My employer has already started deducting the premium fee from my last payroll (it is set to be deducted across 6 pay cycles). But when I checked my payslip, that deduction was not mentioned in it. Instead, the base pay is reduced by the installment amount, and then all the taxes are calculated on the reduced amount. This means that for the 6 pay cycles, my pay will be run on an amount lower than the LCA amount.

Will this cause any problems during stamping or at the port of entry? Please let me know if there is anything I can request my employer to change in this process.

 

ANSWER
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Employers are generally not allowed to deduct H-1B premium processing fees from an employee's salary. Most believe the employer should bear this cost. Such a deduction effectively reduces your actual pay, which could lead to issues if your salary falls below the LCA (Labor Condition Application) stipulated amount, or even if it remains above but is lower than your expected wage.

To mitigate this, you should ask your employer to consult an immigration lawyer and reimburse you for the deducted amount, restoring your salary to its original level. This step, while not a guaranteed fix, is crucial for addressing the issue.