Is filing for a B-1 visa as a backup for F-1 status within the 60-day grace period a good idea?
This is "up in the air" and varies by case. Filing for B-1 might "dilute" the F-1 filing, and the regulations could potentially hurt the applicant later.
If an applicant has a pending H-4 application (for 11 months) and their driver's license is about to expire, but the DMV is asking for H-4 approval to extend the license, what are the available options?
Another option may be available in that state for consideration.
For an expiring OPT worker whose employer (a university hospital) is filing for a cap-exempt H-1B, what are the options if the salary doesn't meet the H-1B prevailing wage criteria?
If the salary criteria cannot be met, they may need to look at other options like a J-1 visa or finding a different position that fits the wage requirements.
If an H-1B spouse is laid off, can they convert to H-4 while searching for a job and then switch back to H-1B once they find a new employer?
If the H-1B petition is received by the government within the 60-day grace period, the spouse can not only switch back but can start working immediately upon the receipt of the filing.
An applicant's spouse entered the US on a B-2 (visitor) visa while the applicant was on F-1 STEM OPT. The applicant was recently selected for the H-1B lottery and wants to know if the spouse should apply for a change of status to H-4 in the US or get a visa stamping abroad.
Getting an H-4 visa stamping abroad is much cleaner. Applying for a change of status carries the risk that the government might claim she had "preconceived intent" to stay long-term while entering on a tourist visa.
Published by: Financial Express - May 14, 2026
https://www.financialexpress.com/immigration/trump-immigration-crackdown-new-h-1b-opt-restrictions-could-have-ripple-effects-far-beyond-professional-community/4240271/
Quotes and Excerpts from Rajiv in the article:
Rajiv S. Khanna, US Immigration attorney, provides free immigration help by hosting a free community conference call for US immigration-related questions every Thursday. You can post questions for the call if you are a member of our US Immigration forums. Membership is immediate and lifelong. Walk-ins are also permitted.
Number 15
Volume XI
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during June for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.
If an employer terminates an H-1B worker, are they legally required to pay for the worker's flight back to their home country?
Yes. Under federal regulations, if an employer terminates an H-1B employee before the end of their period of authorized stay, the employer is liable for the reasonable costs of return transportation to the worker's last place of foreign residence. This does not apply if the worker resigns voluntarily. If an employer refuses to provide this, the worker may file a complaint with the Department of Labor (DOL) Wage and Hour Division.
Is it problematic to have a one-month gap between my graduation and the start date of my employment on OPT, and how are unemployment days calculated if I transition to STEM OPT?
A one-month gap is perfectly acceptable as long as you do not exceed the total allowable unemployment days. For the initial 12-month OPT, you are allowed 90 days of unemployment. If you transition to the 24-month STEM OPT extension, you receive an additional 60 days, for a total of 150 days over the entire period. Any unused days from the initial OPT period carry over into the STEM extension period.