H 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

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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

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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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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. 

Switching from B-2 to H-4 Status

Question details

An applicant's spouse entered the US on a B-2 (visitor) visa while the applicant was on F-1 STEM OPT. The applicant was recently selected for the H-1B lottery and wants to know if the spouse should apply for a change of status to H-4 in the US or get a visa stamping abroad. 

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Getting an H-4 visa stamping abroad is much cleaner. Applying for a change of status carries the risk that the government might claim she had "preconceived intent" to stay long-term while entering on a tourist visa. 

Employer Obligations Upon Termination: The "Home Ticket" Rule

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.