Rajiv's Comments in NDTV - H-4 Work Permit Ban: What It Means For Indian Spouses In The US
Published by NDTV - 01, September 2026
Video Link: https://www.youtube.com/watch?v=n62WVAbgDVI
Quotes and Excerpts from Rajiv in the video:
Published by NDTV - 01, September 2026
Video Link: https://www.youtube.com/watch?v=n62WVAbgDVI
Quotes and Excerpts from Rajiv in the video:
Release Date08/24/2026
WASHINGTON— The Department of Homeland Security (DHS) is proposing to establish a $103,265 fee for all H-1B cap-subject petitions, including those eligible for the advanced degree exemption. The proposed fee would be paid at the time of filing and would be imposed in addition to all other applicable fees or payments.
Published by Financial Express - August 20, 2026
https://www.financialexpress.com/immigration/indian-students-on-cpt-now…
Quotes and Excerpts from Rajiv in the article:
On paper, the SEVP message does not change the existing CPT rules, said immigration attorney Rajiv S. Khanna of Immigration.com, speaking to Financial Express.
What options are available if a pending B-2 Change of Status application leads to multiple RFEs on a subsequent H-1B transfer because USCIS has not adjudicated the B-2?
A two-party approach requesting assistance from local Congressmen and Senators is recommended. If congressional inquiries fail, consulting a litigator to potentially threaten a lawsuit against the US Attorney's office can help compel USCIS to resolve the delay.
Federal regulations give a specific group of nonimmigrant workers a window to regroup after a layoff without immediately falling out of status. The rule, at 8 CFR 214.1(l)(2), covers E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN classification holders, along with their dependents. It reads:
Is it safe to travel domestically within the US while my immigration status is pending?
While widespread stops are not commonly reported, they are possible. It is best to avoid optional travel. If you must travel, carry your passport, I-94, approval notices, and proof of your ongoing status (like pay stubs or transcripts).
Can I transfer to a third employer if my current H1B portability petition received a NOID alleging fraud?
It is very difficult. Because the second petition (the "bridge") is failing, an approval within the US for a third employer is unlikely. You may need to travel abroad for a new visa stamp, but be aware that fraud allegations are serious and can lead to a permanent bar from the US if not cleared.
My H1B transfer is stuck because my B2 change of status is still pending adjudication. What can I do?
This is a common bottleneck. Have your employer contact their local congressman’s office to push for adjudication. If that fails, reaching out to a litigator to threaten a lawsuit against the US attorney's office can often resolve such delays.
When does the 60-day grace period legally begin after a layoff?
Unpaid leave does not provide status protection. The most conservative and safest approach is to consider the day physical work stops as day one of the 60-day grace period.
How can I overcome a 214(b) visa denial for my spouse?
214(b) denials are difficult to overcome. If the primary applicant has an H-1B, it is often better to apply for an H-4 visa, which is a dual-intent visa and not subject to 214(b) denials for immigrant intent.