Recording for FREE ZOOM CALL with Rajiv on July 31, 2025

Status
Not open for further replies.
monica1

monica1

Administrator
Staff member
Last edited:
I-485 EB-2 portability after layoff (AC21)

Hi Rajiv Sir,

I-485 EB-2 Petition was filed in Jan 2025, more than 6 months ago by Company A. I have job offer in hand from Company B in the same occupation. Got laid off from Company A. Do I need to do anything to keep my I-485 EB-2 "alive" or is it pretty much automatic. More specifically:

1. What happens if I do nothing? Can I-485 still get approved?
2. Does company B need to file Supplement (j), or is this something I can file individually with job offer in hand?
3. If company B refuses to file Supplement (j), what are my options?
 
Last edited by a moderator:
Is my 2019 H-1B LCA wage shortfall a compliance issue?

Hi Rajiv, I need your guidance on a possible LCA wage issue from my previous H-1B employment in 2019.
I started on Feb 17, 2019, with an LCA salary of $95,000, but my 2019 W-2 shows $80,000.
This creates a shortfall of ~$2,400 when comparing actual 2019 pay to the required pro-rated LCA amount.

Can you please advise:
If this is a compliance issue? any risks involved to the employee?
What risks I should be aware of as an employee?
If anything can/should be corrected now?
 
Last edited by a moderator:
F-1 re-entry options & Prodigy loan repayment after program withdrawal


```Guidance Request on F1 Visa Reinstatement or New Application after Medical Withdrawal```


Sir,
I am originally from India and was enrolled in a STEM Master's program in Dallas on an F-1 visa from August 2023 to August 2024. Unfortunately, due to significant health complications and challenges adjusting, I had to withdraw from the program midway and return to India.


At present, I am facing two major concerns:
  1. I have a substantial education loan from 'Prodigy' that I need to repay. My finances & job prospects are severely affected in this one year study.
  2. I am exploring the possibility of returning to the U.S. to either resume my previous program or apply to a new university as Transfer student.

Could you kindly advise on:
  • The likelihood and process of re-entering the U.S. to complete my original program, including any visa reinstatement options.
  • Whether applying to a new program at a different university under a fresh F-1 visa would be more viable.
  • Any documentation or considerations I should prepare for either route.

Your guidance on how best to proceed in light of my situation would be greatly appreciated.


Thank you in advance for your time and assistance.


Best regards,
Shruti
 
Last edited by a moderator:
H-1B job loss: Grace period, re-entry and reset

Hi Rajiv Sir,
I am currently on H1b.
I have a couple of questions :
1. In case of my job loss, I have 60 days to find a new job. If I am not able to find the job. Can I leave the US , and enter back once I land a new Job?
2. Does that 60 days period reset after the new job in the 3 Years of H1b?
 
Last edited by a moderator:
H-1B, EAD/AP, pending I-485: Unpaid leave to India & family in US

Hello Rajivji,

I have my 485 pending and having EAD and AP till 2029. Currently I am working on H1 but used AP to enter USA multiple times in last 2 years.
My Son and wife both are in USA based on their pending 485 and i have not filed H4 for them.
Now I need to take some treatment and rehab in India for 4 to 6 months.
I am planning to continue with current company but planning to take unpaid leave for my treatment period and will start working with them once back to USA.

Do you see any potential issue in this? Can my wife and son stay in USA while I am out?

Thanks for your valuable insight.
 
Last edited by a moderator:
H-1B visa stamping: Can I book an interview before approval?

Hi Rajiv Sir,

My H1b is picked this year. The case is still in progress, not approved yet. Can I book my h1b visa appointment date in Jan/Feb and go to India for stamping and interview? Or do I need to wait until the approval notice to book the date? I understand that at the time of the interview, I need an approval notice.
 
Last edited by a moderator:
H-1B to B-2 COS pending: Travel implications & questions

Hello Rajiv sir,

I was laid off on April 1st and filed for a COS from H-1B to B-2 on May 22nd. My case status currently shows "Case Was Received", and the processing time for my service center is ~ 4 months.

I plan to return to my home country by the end of August. I have a few questions, and I was hoping you could help me understand -
1. Will leaving the U.S. while my I-539 application is being processed cause any issues?
2. Should I wait to get a decision before leaving?
3. Are there any steps I need to take to inform USCIS about my departure from the country?

Thank you,
 
Last edited by a moderator:
Dignity Act 2025: Eligibility for B-2 after H-1B layoff?

I am legally present in USA for almost 6 years. Right now I am on B2 and looking for a job after facing layoff on H1B visa. Can I take benefit of "Dignity Act 2025" to stay in USA?
 
Last edited by a moderator:
Day 1 CPT: Safe schools and visa stamping post-H-1B lottery

Hello Rajiv Ji,

I am currently on STEM OPT and it ends in October 2025. In my three attempts in the H1b lottery I didn't picked. I am interested in pursuing the Day1 CPT option.

- Is it safe to go for a Day1 CPT college under Trump administration?

- What universities are safe options for pursuing Day1 CPT and also, knowing which universities are not safe is also very helpful.

- I am planning to get married in India in December 2025 and thus, need to travel to India. My F1 visa has expired how can I get my visa stamped?

Your guidance and answers to these are greatly appreciated.
 
Last edited by a moderator:
H-1B approved but "Not Activated": Impact on H-4 status and travel

I'm reaching out to clarify a situation regarding my spouse’s current immigration status and next steps for obtaining an H4 visa.

She initially entered the U.S. in 2021 on an H4 visa. In 2023, her H1B petition was approved through, but due to pregnancy and other personal circumstances, she did not begin employment. As a result, no SSN was applied for, and no payroll has been generated to date. According to her employer, her H1B status would only take effect upon submitting the I-9 form, generating payroll, and obtaining an SSN.



However, while trying to file an H4 extension with my employer, we were informed that she has already been considered to be in H1B status since 2023 and that applying for an H4 extension may not be appropriate. Instead, we were advised that she should travel outside the U.S., obtain H4 visa stamping, and re-enter on H4 status.

Our concern is:

  • Will the consulate raise any issues or questions regarding her H1B status during the H4 visa interview?
  • Since she didn't start work will she be considered as H1 and what are challenges to submit change of status
 
Last edited by a moderator:
Status
Not open for further replies.
Top