F Visa

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.

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)

Does Unlawful Presence Continue to Accrue While Fighting an NTA?

Question details

Can I receive a Notice to Appear (NTA) for deportation even if I have legal immigration status or a pending application?

This question is particularly important because continued accrual of unlawful presence during removal proceedings can trigger the three-year or ten-year bars, severely limiting future immigration options.

General Rule: Yes, Unlawful Presence Continues

Another Problem for Legal Immigration - NTAs (Removal/Deportation Despite Legal Stay)

Another Problem for Legal Immigration - NTAs (Removal/Deportation Despite Legal Stay)

July 24, 2025

Community members and our lawyer colleagues have shared their stories. It appears:



1. The NTAs are getting resolved quickly, where you are still in the grace period and/or have a B-type petition pending. Motions to terminate are working.



2. The hearing dates are also being given in a few days or weeks.



3. The percentage of NTAs is relatively small.

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?

 

Video URL
FAQ Transcript

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.

 

Video URL
FAQ Transcript

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.

 

Recording for July 10, 2025 Conference Call with Rajiv S. Khanna

Immigration.com

 

FAQs: What are the risks of job seeking while on F-2 or B-1/B-2 status post-H-1B layoff || F-1 COS -- Risks of future denials, job search, and visa stamping with multiple status changes || H-4 extension (I-539) abandoned by travel? Re-filing strategy after re-entry with new I-94