Recording for May 15, 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.

Visa Bulletin For June 2026

Number 15
Volume XI
Washington, D.C

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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.

Agency

Green Card

Immigration Law

Employer Obligations Upon Termination: The "Home Ticket" Rule

Question details

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.

Unemployment Days and Gaps During OPT/STEM OPT

Question details

 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.

Status of Derivatives when the Primary Applicant Receives a Green Card

Question details

My spouse was the primary applicant for our Adjustment of Status, and they just received their Green Card. I am a derivative on the same application, but my case is still pending. What is my legal status, and can I continue to work?

You remain in I-485 Pending status. Your status does not automatically convert to a Lawful Permanent Resident (LPR) just because the primary applicant was approved; each individual application must be adjudicated. As long as you have a valid Employment Authorization Document (EAD), you can continue to work legally in the United States. You are no longer in your previous non-immigrant status (like H-4) once you begin relying on the I-485 pending status or the EAD.

Impact of Layoffs on Pending Adjustment of Status (I-485)

Question details

I have a pending I-485 Adjustment of Status application based on an approved I-140. If I am laid off but receive a severance package that keeps me on the "official" payroll for several weeks, when does my status become an issue, and can I move to a new employer?

 Under the American Competitiveness in the Twenty-First Century Act (AC21), you can "port" your green card process to a new employer if your I-485 has been pending for 180 days or more and you have an approved I-140. If you are laid off before the 180-day mark, you are in a more precarious position. However, if your employer keeps you on the payroll via severance, your official termination date (the date you no longer have a "bona fide" job offer) is what typically triggers the legal concern.

Recording for May 07, 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.

Correcting Errors on a Pending OPT Application

Question details

If I accidentally selected the wrong category (e.g., checking the box for pre-completion OPT instead of post-completion OPT) on my Form I-765 and the application is already pending, how should I fix it?

Prepare a cover letter stating that you previously sent an email and are now uploading the corrected form with the right box checked. You should also verify if you are still within the timeframe to refile the case if necessary.