H Visa
Rajiv's Comments in The Times of India - Immigration after the midterms: A new Congress, but who holds the power?
Published by The Times of India - 05, November 2026
https://timesofindia.indiatimes.com/world/us/immigration-after-the-midterms-a-new-congress-but-who-holds-the-power/articleshow/135568574.cms
Quotes and Excerpts from Rajiv in the article:
Dealing with 221(g) Administrative Processing Outside the US
Does a 221(g) Administrative Processing notice issued during visa stamping impact a new H-1B petition filed by a different employer?
If the 221(g) was issued because the consulate was investigating the prior employer's legitimacy or availability of work, it will generally not impact a new H-1B petition filed by a completely different company. However, if the 221(g) involved an investigation into the applicant's personal background, security, or qualifications, the consulate will not issue a visa for a new employer until that underlying investigation is resolved.
Managing an H-4 RFE During an H-1B Transfer
How should an H-1B petition be sequenced if the beneficiary has a pending H-4 extension currently subject to an RFE questioning maintenance of status during a prior grace period?
When USCIS is actively scrutinizing H-4 maintenance of status, avoid filing the new H-1B in Premium Processing initially. If adjudicated while the H-4 RFE is pending, USCIS may deny the H-1B change of status. It is advisable to either wait for the H-4 RFE to be resolved before filing the H-1B, or file the H-1B under regular processing, wait for H-4 approval, and then upgrade the H-1B to Premium Processing.
Acrewing Unlawful Presence After a Rejected Application
If an initial H-4 change-of-status application filed within the 60-day grace period is rejected for a form error and the refiled application is received after the grace period ends, may the applicant remain in the US while it is pending?
This is a high-risk situation. Because the properly filed application was received after the 60-day grace period expired, the applicant has fallen out of status. Even if USCIS accepts the late filing, unlawful presence accrues starting on day 61 unless USCIS approves the case and backdates status. Do not wait past 180 days of unlawful presence; if not approved by then, departure from the US is necessary to avoid a multi-year entry ban.
Rajiv's Comments in NewsBytes - US pauses perm at Microsoft, Adobe amid green card fraud
Published by NewsBytes - 16, October 2026
https://www.newsbytesapp.com/news/world/us-pauses-perm-at-microsoft-adobe-amid-green-card-fraud/tldr
Quotes and Excerpts from Rajiv in the article:
Immigration experts suggest checking out alternatives like the EB-1 category or family sponsorships.
Rajiv's Comments in The Economic Times - US PERM Freeze: Indian H-1B workers could lose crucial time to secure Green Cards as sponsorships stall
Published by The Economic Times - 16, October 2026
https://economictimes.indiatimes.com/nri/migrate/us-perm-freeze-indian-h-1b-workers-could-lose-crucial-time-to-secure-green-cards-as-sponsorships-stall/articleshow/134985101.cms?from=mdr
Quotes and Excerpts from Rajiv in the article:
Demonstrating H-1B Wage Levels for Remote Work and Relocations
If an H-1B holder whose petition was approved under the previous lottery system moves to a higher-wage area where their current salary only meets Level 1 requirements, can they maintain their status without increasing their pay?
This is strongly discouraged. Regardless of how the original lottery was conducted, an H-1B worker's salary must meet or exceed the prevailing wage for their actual work location. Reclassifying a role from Level 2 to Level 1 simply to match a higher prevailing wage in a new location is heavily scrutinized by USCIS and difficult to justify.
Withdrawing a Pending H-4 to Protect an H-1B Transfer
If an H-4 change of status was filed before an H-1B layoff grace period, and during the 60-day grace period a new employer filed an H-1B transfer, followed by a request to withdraw the H-4, what happens if the H-1B transfer receives an RFE or is denied while the H-4 withdrawal is still pending?
Once an H-4 withdrawal is requested, it cannot be easily reversed. However, if the withdrawal was submitted via paper, one option is to link the H-4 receipt to a USCIS online account and upload a letter requesting to cancel the withdrawal request so the H-4 petition continues processing as a backup plan.
Pursuing an E-2 Investor Visa After an H-1B Layoff
If an individual on an H-1B visa is laid off and currently on a pending B-1/B-2 visitor status, would an E-2 investor visa or returning to F-1 student status be a better option for maintaining legal status in the U.S.?
Obtaining an F-1 change of status can be challenging depending on academic background and institution type. For nationals of E-2 treaty countries, pursuing an E-2 investor visa is often a stronger alternative. Rather than changing status within the U.S., applicants can apply directly via consular processing. To minimize financial risk, it is recommended to place investment funds into an escrow account conditioned on visa approval.