Traveling Under Trump Administration | H-1B Updates, Immigration QnA, Jan 29, 2025
Nonimmigrant Visas
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Recording for February 20, 2025, Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Green Card
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?
Recording for November 07, 2024 Conference Call with Rajiv S. Khanna
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
Update on H-1B Fiscal Year (FY) 2014 Cap Season
U.S. Citizenship and Immigration Services (USCIS) reached the statutory H-1B cap of 65,000 for fiscal year (FY) 2014 within the first week of the filing period, which ended on April 5, 2013. USCIS also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the advanced degree exemption.
Statement by the President on Commonsense Immigration Reform
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
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.
Recording for March 20, 2025, Conference Call with Rajiv S. Khanna
FAQs:
- B-2 extension/F-1 Change of Status: Can I stay in the U.S.?
- NIW I-140 approved, I-485 denied because of change in role - Priority date retention, refiling, and porting
- Entrepreneur. Can I start a company on STEM OPT? O-1A visa and maintaining legal status
- H-1B entrepreneur, starting an MEP design firm, Employer-employee relationship, and transitioning to self-employment
Others:
Mother's I-485 pending: Advance parole for travel to India - Will it affect filing? || Cap-exempt H-1B I-140/PERM, OPT employer (Upwork), STEM OPT use, and F-1 travel to Canada || Employer-sponsored NIW I-140, FOIA request, self-petitioning, and petition validity || F-1 OPT, cap-exempt H-1B, changing to cap-subject H-1B, and H-4 EAD timing || Can I get a new H-1B visa stamp after extension approval? Travel with two valid visas? || K-1 visa for Indian fiancé: Required documents, marriage after entry, and filing for green card/EAD/advance parole || K-1 visa processing, B-1 visa travel risks, timeline, and relationship evidence ||H-1B transfer approved - How long until payroll must start? What are my options?
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Recording for May 01, 2025, Conference Call with Rajiv S. Khanna
Agency
Nonimmigrant Visas
Immigration Law
Green Card
Recording for May 15, 2025, Conference Call with Rajiv S. Khanna
Immigration.com
Green Card
FAQs:
1. H-1B extension beyond six years. PD is now current. I changed employer. Options.
2. Employer deducted H-1B premium fee — Will this affect visa stamping or POE?
Other Topics :
Rajiv's Comments in the News - Indian parents face uncertainty over US citizenship for newborns
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:
Recording for July 10, 2025 Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Green Card
FAQs: What are the risks of job seeking while on F-2 or B-1/B-2 status post-H-1B layoff || F-1 COS -- Risks of future denials, job search, and visa stamping with multiple status changes || H-4 extension (I-539) abandoned by travel? Re-filing strategy after re-entry with new I-94
USCIS Reaches Fiscal Year 2026 H-1B Cap
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:
USCIS to Accept H-1B Petitions for Fiscal Year 2015 Beginning April 1, 2014
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.
Optional Checklist for Form I-129 H-1B Filings
This checklist is optional to assist FY 2015 H-1B petioners submit an I-129 H-1B petiton.
Please click on the attachment to view the checklist.
H-4 EAD Rule (Updated As of Nov 10, 2016)
I have finished my first review of H-4 EAD Regulations (effective 26 May 2015). Here are the takeaway points:
Community Conference Call, 2015, March 5 (Every Other Thursday)
Immigration.com
Citizenship and Naturalization
Immigration Law
Options after H-1 Quota is Over
H-1B Count at 41,500 as of 27 April
As of 27 April 2012 count, USCIS has received 29,200 regular cap H-1 B petitions and 12,300 advanced degree H-1B petitions. These numbers are considerably higher than the ones we saw at this time in the fiscal years 2011 and 2012 (we are now in FY 2013).
H-1B Quota 25,600 as of 9 April 2012
USCIS estimates that as as of 9 April 2012, approximately 25,600 H-B cases had been receipted. Out of these petitions, 17,400 are for bachelor's degree and 8,200 for for people with advanced degrees. These numbers are considerable hire than the last year's at this time.
H-1B Filing twice the numbers last year so far
USCIS has indicated that 22,323 cap-subject H-1B petitions had been received as of April 4, 2012. Approximately one quarter (1/4) of these cases are for advanced degrees. According to USCIS, the number of filings received is almost double the number of filings received by USCIS during the same time last year. It would appear that H-1B numbers are likely to get exhausted a lot earlier than last year.
H-1 cap count 12,200
As of April 15, 2011, USCIS has issued receipts on approximately 7,100 H-1B cap-subject petitions and 5,100 H-1B petitions for aliens with advanced degrees.
H-1B Cap Count 10,400
As of April 7, 2011, approximately 10,400 H-1B cap-subject petitions were receipted. Out of these 4,500 H-1B petitions are for aliens with advanced degrees.
H-1 Numbers 27,800
As of May 21, 2010, USCIS has received approximately 19,600 H-1B cap-subject petitions. Also, an additional 8,200 H-1B petitions for advanced degrees professionals have been received.
H-1 Numbers 23,400
USCIS reports that as of April 27, 2010, approximately 16,500 H-1B cap-subject petitions had been filed. They have received 6,900 H-1B petitions for advanced degree professionals.