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Increased Denials & Delays in some US Visa Categories, Rajiv in QnA, Feb 12, 2025

11 months ago By Chief Editor

Nonimmigrant Visas

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Recording for February 20, 2025, Conference Call with Rajiv S. Khanna

11 months ago By Chief Editor

Immigration.com

Nonimmigrant Visas

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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?

Can I delay using an H-1B visa to utilize the STEM extension period?

11 months ago By Chief Editor
Question details

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?

 

FAQ Transcript

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.

 

Can I volunteer with a Non-Profit while on any temporary visa (for example, F-1 OPT)?

11 months ago By Chief Editor
Question details

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?

 

FAQ Transcript

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.

 

Recording for November 07, 2024 Conference Call with Rajiv S. Khanna

1 year ago By Chief Editor

Nonimmigrant Visas

Green Card

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



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

4 months ago By Chief Editor

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.

Statement by the President on Commonsense Immigration Reform

12 years ago By Editor

This afternoon, Senators Schumer and McCain briefed me on the bipartisan immigration reform bill that they have drafted with their colleagues in the Senate. This bill is clearly a compromise, and no one will get everything they wanted, including me. But it is largely consistent with the principles that I have repeatedly laid out for comprehensive reform. This bill would continue to strengthen security at our borders and hold employers more accountable if they knowingly hire undocumented workers.

Changes in Issuing H-1B Visas to Affect Indian IT Firms

12 years ago By Chief Editor

As reported by The Indian Express:

The proposed changes in the issuing of H-1B visas, the highly sought after US work permits, will badly affect the Indian IT firms which depend heavily on these work visas.

The changes under the Comprehensive Immigration Reform (CIR) put a curb on use of H-1B visa for those companies which have a higher ratio of work force under this category.

Most of the Indian companies will fall under this classification.

Entrepreneur. Can I start a company on STEM OPT? O-1A visa and maintaining legal status

10 months ago By Chief Editor
Question details

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.

 

FAQ Transcript

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.

 

Rajiv's Comments in the News - By Weaponizing Arrest Records and Suspending Due Process, the Trump Administration Has Targeted Over 1,000 Foreign Students

9 months ago By Chief Editor

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:

What are the risks of job seeking while on F-2 or B-1/B-2 status post-H-1B layoff

6 months ago By Chief Editor
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.

 

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.

 

USCIS Reaches Fiscal Year 2026 H-1B Cap

6 months ago By Chief Editor

U.S. Citizenship and Immigration Services has received enough petitions to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year 2026. 

USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed for current H-1B workers who have been counted previously against the cap, and who still retain their cap number, are exempt from the FY 2026 H-1B cap. USCIS will continue to accept and process petitions filed to: 

Recording for June 12, 2025, Conference Call with Rajiv S. Khanna

7 months ago By Chief Editor

Immigration.com

Citizenship and Naturalization

Nonimmigrant Visas

Immigration Law

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FAQs: Is it legal to take "Paid Time Off" after the end date of EAD as payment for work done earlier?

F-1 OPT Unpaid Employment Acceptable

12 years ago By Chief Editor

We have won a series of cases where USCIS had earlier held that unpaid employment under OPT was legally unacceptable to maintain status.  We have argued that such holding is contrary to all law, policy and precedence.  Students are NOT required to engage in PAID employment.  All these cases were won after we filed our briefs pursuant to Motions to Reopen (MTR).

Nonimmigrant Visas

USCIS to Accept H-1B Petitions for Fiscal Year 2015 Beginning April 1, 2014

11 years ago By Chief Editor

Release Date: March 25, 2014

Premium Processing for Cap-Subject Petitions to Begin by April 28, 2014 

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to the fiscal year (FY) 2015 cap on April 1, 2014. Cases will be considered accepted on the date that USCIS receives a properly filed petition with the correct fee. USCIS will not rely on the date that the petition is postmarked.

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