Recording for June 26, 2025 Conference Call with Rajiv S. Khanna

[DEEPAMENON]

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Rajiv S. Khanna, US Immigration Attorney, hosts a Free Community Conference Call every other Thursday to answer immigration-related questions. Even if you are not a forum member, you can call in and ask questions or listen to the discussion live. Questions marked as FAQs will be addressed first, and these FAQs will be posted in our immigration.com FAQ section. The recording of what was discussed during the live call will be posted at the end of the day. For previous recordings, click here: YouTube channel.
Note: We answer posted questions and follow-ups first.
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Call Details:
Next Call Date: July 10, 2025
Start Time: 12:30 PM Eastern Standard Time
End Time: 1:30 PM, EST
Conference Dial-in: (202)800-8394
Topic: General Immigration-Related Questions
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NOTE: This call does not mean that we have agreed to represent you or that there is an attorney-client relationship between us. This is merely a community service. You should discuss the specifics of your case with the attorney representing you.
PLEASE KEEP YOUR QUESTIONS BRIEF. If you need a detailed consultation on elaborate facts, speak with your lawyers or set up a consultation with us: https://www.immigration.com/our-fees

 

[Migi13]

FAQ: US Visa & Social Media: What you need to know about new screening policies and their impact

Hi Sir,

Hope you are doing well.

I believe there was a proposal to include social media handles as part of certain visa/immigration applications. Do you know what the consequences of that are?

If one has deleted social media accounts they don't have access to or accounts they don't remember the details for would that negatively impact the application? Also, is it just public posts that get reviewed or do private messages/dms get reviewed also?

Answer from The State Department Notices - June 24, 2025

Updated Social Media Disclosure Requirement for F, M, J Visa Applicants​

• Effective immediately, all individuals applying for an F, M, or J nonimmigrant visa are requested to adjust the privacy settings on all of their social media accounts to ‘public’ to facilitate vetting necessary to establish their identity and admissibility to the United States under U.S. law.
• We use all available information in our visa screening and vetting to identify visa applicants who are inadmissible to the United States, including those who pose a threat to U.S. national security. Since 2019, the United States has required visa applicants to provide social media identifiers on immigrant and nonimmigrant visa application forms.
• Visa applicants are required to list all social media usernames or handles of every platform they have used from the last 5 years on the DS-160 visa application form. Applicants certify that the information in their visa application is true and correct before they sign and submit. Omitting social media information could lead to visa denial and ineligibility for future visas.

 

[Migi13]

H-1B visa: Should you stamp in your home country or a third country after COS approval?

Also, apologies had another question. Does the location of the H1B appointment matter if I plan to travel after Oct 1 after COS gets approved? is there any potential issue/concern if the appointment takes place in a country besides one's home country? for getting the visa stamp.

 

[DS1288]

Indian EB-1A AOS pending: Can I leverage my wife's F2A green card for faster approval?

Dear Rajiv- I (Indian male) have an approved I140 (Oct 2022) for a EB1A petition and applied for AOS in Dec 2022. The priority date is Apr 2022. (I have both my EAD and advanced parole valid for the next 5 years). My wife has a GC, and I noticed that the F2A final action date for India moved to Sep 2022 in July. Is it possible to do a transfer from EB1A to F2A with my Apr 2022 priority date applicable for this TUB application? (I have never applied for a GC based on my wife's GC in the past.) What are the risks/factors to consider while doing this vis a vis sticking to my original EB1 AOS process?

 

[T34]

USCIS scrutiny: Approved NIW, layoff, and maintaining green card eligibility

Hi Sir,

My NIW I-140 was approved based on my job role at previous company, now I have been laid off from that company, and my priority date is still not current.

My question is that:

- What are the chances that I will still get my change of status approved?

- Should I refile new NIW I-140 with a different job-independent endeavor? Or I should wait and see?

Thank you!

 

[Kindred]

Post-Layoff H-1B options: Maintaining status while awaiting startup sponsorship & PERM outcome

Hi,

Greetings to Rajiv ji (Esq.) & team.

We had discussed in a consultation about the h1b through startup option (Emailed you this morning - sorry avoiding my real name on open forum), there are few things that have changed:

The startup doesn't make enough yet to sponsor wage equivalent to current LCA level (next year projected to make enough).

Got laid off from current project, have 3 weeks left, & due to the job market- there's a risk of not landing a project within next (3 weeks + 60 days). PERM is in process likely to be done by Feb 2026. My h1b (i797) is valid until about 2 more years.

1) What are the options to legally stay on h1b avoiding PERM forfeiture until April 2026, which is when the startup would likely have enough to sponsor the H1B. H4 not an option, spouse not working.

2) With current admin strictness is it possible to come back on same H1b, & do those options lead to forfeiture of the PERM application? My idea of saving the PERM thru current employer was: as the main tech employee & no past H1B or PERM applications, there might be issues/ red flags by doing PERM via the startup. current employer has great track record (no denials) for h1 & i-140s.

-Arjun (alias name)

 

[Jagwanijyotsana]

H-1B grace period after job separation: When does the clock start?

Hello Rajiv Sir,

My employer notified me about the separation and declared last day of service as 5/19. The last date of employment is 7/14. Payslips will continue until then in regular mode.

1. What would be considered as start of grace period - 5/19 or 7/24?
2. If my employer notifies about the last day of service (material change in terms of employment?) to the USCIS, will that mean that grace period will start from 5/19 itself?
3. Is there anything I can ask my employer if separation is not signed by me yet?

Thanks
JJ

 

[immigquestt]

Domestic violence arrest (dismissed) & US visa/entry

Hi Rajiv ji,

In 2021, I was arrested on a domestic violence charge. I pleaded not guilty, and the case was dismissed at the pre-trial stage without any plea bargain.

I would like to understand if this could impact my visa stamping. Is there a possibility of being issued a 221(g), or could the visa be denied during the interview itself? Are you currently handling cases involving similar circumstances? If so, I would appreciate the opportunity to consult with you.

At the port of entry, could there be any challenges during entry due to this past arrest, even though the case was dismissed? Is there a risk of being denied entry and sent back?

Also, have you seen any recent changes in visa adjudication or scrutiny at consulates or ports of entry under the new administration since January, or is the process largely unchanged? Thank you!!

 

[calwinkiran]

Returning to US after long absence: H-1B and reusing approved I-140/priority date

Hello Rajiv Ji.
How are you Sir?! I stayed in the US between 2006 and 2013 and returned back to India. By then I had an approved I-140 petition with my previous employer. For the last 12 years I've been staying here. Now, I'm thinking of returning back to the US. What options do I have?
a. Can I look for a new employer who can sponsor my H1B? Does the H1B come under the lottery?
b. If H1B doesn't come under lottery, what should I furnish to the legal department of the company while processing my candidature?
c. Once I come back, would I be able to reuse the priority date (I had it in September 2007) or would it require fresh PERM?
d. If I-140 is reusable, would it be associated with specific job description on my previous employment or any profile / role is good?

Thank you!

 

[cyborgkh]

Certified PERM (ETA-9089) name mistake: Can it be corrected at the I-140 Stage?

Hello,

My spouse's PERM has been certified. However, we've noticed that the lawyer has made a mistake in the name. The candidate has no middle name. The middle name should be blank and placed in the First (given) Name instead. We've informed the lawyer, and was told that it should not be an issue as it can be corrected while filing I-140. However, we are not so convinced.

First, in the ETA-9089 form, the foreigner worker needs to sign and declare under the penalty of perjury that the information is correct. If he/she signs the form with the incorrect information, does it mean he/she perjure him/herself? Second, we're not informed what the processes of correcting the name are as we know that ETA-9089 form cannot be corrected. From our research, the lawyer may write a letter explaining to USCIS regarding the discrepancy. But is it risky? If USCIS doesn't agree, it wastes the candidate time /money.

 

[pratiksuryawanshi3@gmail.]

H-1B approvals from B-2 COS & overseas stamping options

Rajiv sir ,

I have two questions :
1. Have you seen any approvals for B2 COS to H1B after the policy got archived?
2. If someone is on B2 ( after being laid off on H1B) and their new employer files the H1 transfer in consular processing, how would the process look like?

Regards
Pratik

 

[sanj9323]

Rajiv sir ,

I have two questions :
1. Have you seen any approvals for B2 COS to H1B after the policy got archived?
2. If someone is on B2 ( after being laid off on H1B) and their new employer files the H1 transfer in consular processing, how would the process look like?

Regards
Pratik

I have the same question.

 

[Kira27]

PsyD student F-1 visa rejection: How to overcome 214(b) refusal in reinterview

Hi Sir,
I am a female student who is gonna start their degree on PsyD in Clinical Psychology in August. My F1 visa was recently rejected under 214b refusal. Could you kindly help me understand the reason behind this refusal and tell me what can I do differently this time. Below I have attached my interview transcript.

1. Why did u choose this uni.?
This uni gives me the culmination of theoretical orientation.. and then I was cut off.
The officer noticed my program being mentioned in my I20 as Doctorate of Clinical psychology is not funded and that my parents are paying for it.
2. She said all doctoral program are fully funded then why isn't yours!
To which I replied, this is a PsyD program, not a PhD, and these programs are generally not funded though it's partially....
And I was cut off again
3. What made you pursue this uni?
This uni gives me the culmination of theoretical orientation and practical/professional subjects. In addition to that, it has multiple specializations, one of which, Trauma psychology I am really passionate about. I also want to learn from their experienced faculty like...
I was cut off thereafter and told my visa is not approved