Test Top
This is top level
U.S. Citizenship and Immigration Services Will Grant ‘Adjustment of Status’ Only in Extraordinary Circumstances
Release Date
05/22/2026
WASHINGTON—U.S. Citizenship and Immigration Services today announced a new policy memo reiterating the fact that, consistent with long-standing immigration law and immigration court decisions, aliens seeking adjustment of status must do so through consular processing via the Department of State outside of the country. Officers are directed to consider all relevant factors and information on a case-by-case basis when determining whether an alien warrants this extraordinary form of relief.
Recording for May 21, 2026 Conference Call with Rajiv S. Khanna
Immigration.com
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.
Emergency H-4 Visa Appointment in India
Question details
What is the success rate of emergency appointments for an applicant stuck abroad on an H-4 visa who needs to return to the US to avoid being fired by their employer?
FAQ Transcript
While the success rate isn't very high, he/she has no choice but to try.
B-1 as a Backup for F-1 during Grace Period
Question details
Is filing for a B-1 visa as a backup for F-1 status within the 60-day grace period a good idea?
FAQ Transcript
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.
Driver’s License Extension with Pending H-4
Question details
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?
FAQ Transcript
Another option may be available in that state for consideration.
OPT Expiration and Salary Criteria Issues
Question details
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?
FAQ Transcript
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.
Layoffs and H-1B to H-4 Conversion
Question details
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?
FAQ Transcript
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.
Switching from B-2 to H-4 Status
Question details
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.
FAQ Transcript
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.
Rajiv's Comments in Financial Express - Trump immigration crackdown: New H-1B, OPT restrictions could have ‘ripple effects far beyond professional community’
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: