Recording for October 10, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Topics Discussed:
Topics Discussed:
FAQs: GC approval before AC21 Supplement J could be filed || H-1B grace period eligibility after second layoff and B-1/B-2 visa options for job search
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mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
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mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
FAQs:
1. Can I volunteer with a Non-Profit while on any temporary visa (for example, F-1 OPT)?
2. Options after layoff on approved EB-1 - Compelling circumstances EAD and GC EAD conversion
3. NIW I-485 rejected: Refiling options and priority date usage?
I am in my first year of OPT and eligible for a STEM extension. If selected in the H1B lottery on the first attempt, can I delay activating my H1B to fully utilize my STEM OPT? Would this be advisable, and what are the potential benefits or risks?
If you have time left on your STEM OPT but have won the H-1B lottery, you can technically opt for H-1B consular processing and continue using your STEM OPT. However, since 2023, this approach has become riskier.
The safer option is to proceed with an H-1B change of status. If you delay the H-1B activation and later face job loss, transferring the H-1B could be more complicated. While consular processing is still possible, it carries uncertainties. If it were my case, I would choose the change of status for a more secure transition.
I am on F1 OPT and working for a company. I have a few questions:
1. Am I eligible to volunteer with a nonprofit organization related to my field if the work involves event organization (webinar or In-person training)?
2. If I volunteer to review research papers or articles in my field, would that be considered permissible, or would it be classified as work?
Yes, you can volunteer while on a temporary visa as long as you are not compensated in cash or kind.
For F-1 OPT, if the volunteer work is meant to count toward your OPT compliance, it must be at least 20 hours per week and related to your field of study. If it’s purely additional volunteer work (e.g., helping at events, reviewing research papers) and not counted for OPT compliance, there’s no issue, but check with your DSO.
However, you cannot volunteer for a for-profit company, as that could violate labor laws, though the violation would be on the company’s part, not yours.
FAQ: H-1B layoffs: 60-day grace period, visa options, and transitioning to study || Employer and agency verification requirements on the most recent I-94: Is this new note typical? || H-1B stamping delay and administrative processing in India: Payroll gaps, re-entry concerns, and expediting Options
Quotes and Excerpts from Rajiv in the article:
Topics Discussed:
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.
Published by: MYind.net - April 05, 2025
https://myind.net/Home/viewArticle/us-shuts-down-key-immigration-helpde…
Quotes and Excerpts from Rajiv in the article:
Published by: The Economic Times - Date: April 04, 2025
Synopsis
The State Department's new social media screening measures affect F-1, M-1, and J-1 visa applicants, requiring mandatory reviews under certain conditions. These include broad interpretations of terrorist support and criteria for hostile attitudes toward U.S. institutions, potentially leading to visa revocations.
For more information on this article, please see the attachment below.
I have a specific question about building a startup in the US. I am currently on a STEM OPT (expires Sep, 2026), and am currently unemployed. My unemployment days (90 + 60) run out around April 30. I want to build a startup as a solo founder in the tech space, and go the O1A route.
My question is, can I start a company as a solo founder? What if I create a board to show employer-employee relationships? I am planning on raising money and also applying for grants as I build out the product and acquire users.
Alternatively, I am part of another company with two American cofounders (I have <40% equity), but we have no revenue as of yet. Can I leverage my involvement with that company to maintain legal status?
Answer: You can start a company as a solo founder and pursue an O-1A visa, but there's no guarantee of approval. While structuring your company with a board to show an employer-employee relationship might work for O-1A, it won't work for STEM OPT unless someone senior is supervising you. Involvement in another company with American co-founders and less than 40% equity doesn't directly help maintain legal status, except possibly for the O-1A visa or considering CPT.
You can start a company as a solo founder and pursue an O-1A visa, but there's no guarantee of approval. While structuring your company with a board to show an employer-employee relationship might work for O-1A, it won't work for STEM OPT unless someone senior is supervising you. Involvement in another company with American co-founders and less than 40% equity doesn't directly help maintain legal status, except possibly for the O-1A visa or considering CPT.
The period of time when an F-1 student’s status and work authorization expire through the start date of their approved H-1B employment period is known as the "Cap-Gap".
Published by: Galveston County Daily News - April 22, 2025
https://www.galvnews.com/international-students-in-jeopardy-as-visas-ar…
Quotes and Excerpts from Rajiv in the article:
Published by: Drop Site News - April 20, 2025
https://www.dropsitenews.com/p/deportation-students-ice-dhs-visas
Quotes and Excerpts from Rajiv in the article:
Published by: The Economic Times - May 27, 2025
https://economictimes.indiatimes.com/nri/migrate/indian-parents-face-un…
Quotes and Excerpts from Rajiv in the article:
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?
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.
Published by: Business Today- July 02, 2025
https://www.businesstoday.in/nri/visa/story/major-us-student-visa-overh…
Quotes and Excerpts from Rajiv in the article:
Published by: Times Now - July 02, 2025
https://www.timesnownews.com/world/us/us-news/another-blow-to-internati…
Quotes and Excerpts from Rajiv in the article:
Published by: The Times of India - July 02, 2025
https://timesofindia.indiatimes.com/education/news/us-plans-fixed-stay-…
Quotes and Excerpts from Rajiv in the article:
Published by: Mathrubhumi English - July 02, 2025
https://english.mathrubhumi.com/news/world/us-may-limit-student-visas-t…
Quotes and Excerpts from Rajiv in the article: