General Nonimmigrant Visa

Rajiv's Comments in GreatAndhra.com - Green Card Shock: H-1B Pathway Faces Legal Battle

Published by: GreatAndhra.com - May 25, 2026
https://www.greatandhra.com/articles/special-articles/green-card-shock-h-1b-pathway-faces-legal-battle/

Quotes and Excerpts from Rajiv in the article:

Rajiv S Khanna, managing attorney at Immigration.com, said officers may now expect applicants to create an affirmative record showing why they deserve adjustment of status while staying in the US.

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? 

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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? 

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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.