H-1B Visa

H-1B visa is reserved for "specialty occupations." Those that require a at least a bachelor's degree in a specific subject or closely related subjects.

Rajiv's Comments in The Indian Express - How US’s tighter Green Card rules will affect Indians — and the options before them

4 months ago By Chief Editor

Published by: The Indian Express - May 24, 2026
https://indianexpress.com/article/explained/explained-global/us-green-card-rule-change-indians-10704749/

Read more about Rajiv's Comments in The Indian Express - How US’s tighter Green Card rules will affect Indians — and the options before them

Rajiv's Comments in The Times of India - USCIS memo requiring consular processing for green cards is heading for litigation: adjustment of status for H-1Bs is also disrupted

5 months ago By Chief Editor

Published by: The Times of India - May 23, 2026
https://timesofindia.indiatimes.com/world/us/uscis-memo-requiring-consu…

Quotes and Excerpts from Rajiv in the article:

Read more about Rajiv's Comments in The Times of India - USCIS memo requiring consular processing for green cards is heading for litigation: adjustment of status for H-1Bs is also disrupted

OPT Expiration and Salary Criteria Issues

5 months ago By Chief Editor

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?

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.

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Layoffs and H-1B to H-4 Conversion

5 months ago By Chief Editor

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?

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.

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Rajiv's Comments in Financial Express - Trump immigration crackdown: New H-1B, OPT restrictions could have ‘ripple effects far beyond professional community’

5 months ago By Chief Editor

Published by: Financial Express - May 14, 2026
https://www.financialexpress.com/immigration/trump-immigration-crackdown-new-h-1b-opt-restrictions-could-have-ripple-effects-far-beyond-professional-community/4240271/

Quotes and Excerpts from Rajiv in the article:

Read more about Rajiv's Comments in Financial Express - Trump immigration crackdown: New H-1B, OPT restrictions could have ‘ripple effects far beyond professional community’

Employer Obligations Upon Termination: The "Home Ticket" Rule

6 months ago By Chief Editor

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.

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Status of Derivatives when the Primary Applicant Receives a Green Card

5 months ago By Chief Editor

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.