Recording for July 10, 2025 Conference Call with Rajiv S. Khanna

[DEEPAMENON]

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 24, 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

 

[aagar2003]

USCIS H-4 EAD renewal delays: NSC category c(26) - 540-day extension concern

I’m facing continued delays from USCIS in processing my standalone I-765 application for H-4 EAD renewal under category c(26) at the NSC. My H-4 status was approved last year in Apr'24 and is valid until Apr'27. I applied for EAD renewal in Jul'2024, but my case remains pending at the Nebraska Service Center (NSC). In Dec'24, processing times was showing 5 months but now it is showing 12 months for 80% of the cases to be adjudicated.

Despite repeated attempts via an inquiry made in Feb'25 and a local congressional senator reaching out to USCIS in Apr'25, it continues to be in pending status. The Senator's office got a reply that the case is even pending for assignment to an officer. It seems processing times are extended arbitrarily without explanation or accountability. Meanwhile, I’m concerned that the 540-day automatic extension may lapse before any decision is made.

I am from India and have been on H-4 EAD since 2016. We have filed 3 previous H-4 EADs (Standalone) and each of them were approved in only 3 months.

Key concerns:
1. How can I get my application decided immediately or lets say in 15 days rather than the published 'normal' processing times that keeps on getting further and further delayed?
2. Why does standalone I-765 processing take over 12 months, while concurrent I-765 + I-539 filings are processed in 4.5 months? Shouldn’t adjudicating one form take less time than two forms?
3. Is there a way—like India’s RTI—to access data on how many I-765s were received and processed each month? I’m skeptical of this metric published - 80% are truly decided within 12 months.
4. What happens if USCIS fails to adjudicate my EAD within the 540-day extension window? Will I be forced to stop working?

 

[eager77]

AC21 eligibility after EB-2 interfile and pending I-485J: Can I port to EB-3?

I have question regarding Interfiling and 485-J.
Below is my case.

1. Company A- Filed EB3 I-140 and 485 concurrently in Oct 2020.
2. Company A- Got EB2 140 approved using same PERM and Interfiled to EB2 (TUB) using 485-J as per USCIS guideline in July 2022.
3. July 2023 I moved to new job with Company B.
4. 485-J filed with Interfiling to EB2 is not yet approved.

Question: Now EB3 dates are coming close to my Priority Date. Can I now file AC21 request (new 485-J) with company B under EB3. Or as I have already interfiled to EB2, company B can not file AC21 to EB3?

 

[dhananjaysingh]

H-4 status & GC EAD: Defining 'Use' to avoid status abandonment

Hi Rajiv Sir,

I am currently on H4-EAD which expires in July 2027. My spouse's employer filed I-485/I-131/I-765 for both her (Beneficiary) and me (Dependent) under EB-2. My GC I-765 was approved as a standalone approval and I should receive the 5-year EAD card soon.

My questions is: If I wanted to keep my H4 status, I understand I should not be "using" my GC EAD. What does it mean to "use" GC EAD? Which of the following I should NOT be doing in order to maintain H4 status? (Yes / No):

1. Can I travel domestically using GC EAD?
2. Can I use GC EAD at the DMV to renew my DL?
3. Can I use GC EAD for I-9 verification purposes?

Thank you, really appreciate the help.

 

[billaravi4224]

H-1B termination without onboarding/payslips: Implications for new employer transfer

Hi Rajiv ji,

I came to USA in March on H1b and holding the letter that my job starts from x day and they have marketed my profile up to may and they stopped the marketing stating the grace period is completed and said they have terminated(sent an email to USCIS) my H1b but there is no official email and they told they never onboarded me so I am not their employee at all so they didn't provide the pay slips. I got the job recently and I found new employer and he asking for the pay slips for H1b transfer.

1) Can I file for the DOL new jersey department and timeline to get it resolved?
2) What proofs are required for filing the DOL?
3) What are the consequences that I face in the future?

Thank You.

 

[T34]

H-1B layoff, B-2 denial, and war: Options to stay with approved I-140?

After H1B layoff, if B2 extension is denied for job search, is it possible to get stay in USA based on the war situation in home country?

If not, is there any other way to stay in USA, provided that I-140 is approved?

 

[fahu8845]

FAQ: What are the risks of job seeking while on F-2 or B-1/B-2 status post-H-1B layoff

Hi Rajiv Ji,


I hope you're doing well.


I’m currently on an H1B visa and, unfortunately, I’ve been laid off. My last working day will be July 31st. I'm evaluating my options to maintain legal status in the U.S. after that date. The two primary paths I’m considering are:

1. Filing a Change of Status to B1/B2 (Visitor Visa)
2. Filing a Change of Status to F2 (Dependent on my wife’s STEM OPT)

I saw your post on LinkedIn where you mentioned that USCIS has recently issued RFEs in B1/B2-to-H1B conversion cases, citing that seeking employment while on a B status may constitute a status violation.


My question is:

• If I change to F2, would I face similar scrutiny during a future change back to H1B, especially if I'm job hunting while on F2?
• Does job searching or interviewing while on F2 (without actual employment) violate the terms of that status?

Also, I'd greatly appreciate your insights on the pros and cons of switching to F2 vs. B1/B2 from a strategic and compliance perspective.

Thanks

 

[abdulr]

H-1B re-entry risk: Visa expiring in 2 months, extension not yet filed

Hello Rajiv ji,

My first 3 years of h1b is valid till Sept 28 2025. My employer is currently prioritizing filing for extension for employees whose visas are expiring in a month, So my visa extension will be filed towards end of August 2025 and they are not agreeing to file my extension before that.

June 23rd because of family emergency, I travelled to India and I am planning to return to US in last week of July. Could you pls help me with below questions

1. Considering current administration, how risky is it to travel to US with visa expiring in 2 months and the extension petition not getting filed by the time I plan to enter US? I would prefer working from company's India office on Indian salary for 1 or 2 years(my employer currently has this long waiting time for filing extension petitions for employees who are offshore) till extension is approved and visa stamping is done if there is significantly lesser risk in this approach.
2. Should I prepone my travel to US to date earlier than last week of July? Will it help?
3. Other than carrying all necessary documents and confidently answering officers questions, is there anything I can do like choosing etihad in order to have abu dhabi as port of entry or choosing certain non busy airports as my port of entry in US?
4. My company's Contract with current client is till Nov 2025 but it will most likely extend for another 12 months (but there is no proof of this contract extension as contract extension will be discussed in Oct 2025). Considering visa is expiring in 2 months, What should I answer when officer asks when will I return, telling which month is better?

 

[pratiksha0609]

What are my H-1B options after layoff to maintain status and travel for November wedding?

Hello Rajiv Ji,

I was recently laid off and will remain employed with my current company until July 11th. As I am on an H1B visa, I understand that I have a 60-day grace period to secure new employment to maintain my status.

Additionally, my fiancée and I are planning to get married in November in India, and we have everything arranged for the wedding, for which we need to fly around the first week of November. It's very important for us that I maintain my legal status in the U.S. so we can stay together post-wedding as well.

I would like to discuss the available options to address this situation.

 

[deveshiitk]

N-400 application: Impact of employment gap after EB-1B I-485 approval

Hello Rajiv Ji,

I’m seeking your advice regarding our N-400 applications, specifically in relation to a gap in employment. Below is a summary of relevant events and timelines:

• 2017: I-140 and I-485 filed concurrently under EB1B.
• 2019: I-140 approved.
• Q1 2020: Adjustment of Status interview completed; I was employed with the sponsoring employer at the time and had been for several years.
• Q2 2020: Got laid off.
• Q3 2020: I-485 approved and green card issued, post-layoff.
• Q1 2021: After actively searching, I began working again in a similar role and field.

Given the gap in employment between Q2 2020 and Q1 2021, I would appreciate your guidance on whether this could affect my and my spouse’s N-400 applications in any way. If there are any potential issues or steps we should proactively take in preparing the application, your advice would be greatly valued.

Thank you for your time and assistance.

Warm regards,

 

[bradleycooper]

H-1B extension beyond 6 years with approved EB-2 NIW I-140 (New employer/role)

Hello Rajiv ji,

I have an I140 from approved employer sponsored EB2 NIW application. I am aware that It can get tricky if I am with a different employer (and different role) while filing green card. But my question is regarding renewal of H1B, If I change employers and move to a different title (same field), would my I140 be useful in renewing H1B beyond the cap (6 years)?

Thank you.

 

[Dua]

FAQ: F-1 COS -- Risks of future denials, job search, and visa stamping with multiple status changes

Hello,

My question is regarding conversion from H4 to F1.

I landed in the US on an F-2 visa, which was later converted to an H-4. So I dont have a sticker visa on my passport. Now I'm trying to gain admission to a university and change my status to F1 again. Would I face any issues in this matter now or later? If I don't manage to get a job later, would I still be able to stay and convert back to H4, or could I possibly face a denial?

Secondly, if I go back home and get a visa stamp, can I face any potential problems because this is going to be my second master's and I've gone through three visa status changes in a short period?

 

[Patra16]

FAQ: H-4 extension (I-539) abandoned by travel? Re-filing strategy after re-entry with new I-94

Hi Rajiv ji
I hope you are doing well.
I wanted to seek your guidance regarding my pending H4 extension application. Below are the details:

• I am on H4 status with my current visa valid until August 29, 2025.
• My husband’s H1B extension has been approved, and we filed my H4 extension (I-539) along with his H1B. I received my receipt notice on April 2, 2025.
• Due to a family health emergency, I traveled to India on April 29, 2025, and re-entered the US on June 18, 2025, using my valid H4 visa.
• Upon entry, I received a new I-94 valid until [insert the expiry date on your new I-94 here, e.g., August 29, 2025].

I would like to confirm:

1. Will my pending H4 extension (filed prior to travel) be considered abandoned due to my departure from the US while it was in process?
2. Should I apply for a new H4 extension application? Is it recommended to recall the current H4 extension application and immediately fill a new H4 extension? Or should I wait till I get my H4 withdrawal approved?
3. If so, do I need to file a new H4 extension application before the expiry of my current I-94 to maintain my status beyond that date?
4. Is there any additional action you recommend in this situation to ensure uninterrupted H4 status?

I appreciate your guidance to ensure I remain in compliance with my status requirements.
Thank you so much for your help.
Best regards,
soumya

 

[khan_usa]

Unemployment benefits (Health Insurance) & their impact on B-2 extension and green card applications

Hello Rajiv Ji.

I was on H-1B visa and got laid off and converted to B2 visa for job search.

I want to know that, does applying for, or getting state sponsored unemployment benefits, such as health insurance etc. affect visa / immigration applications, like B2 extension for job search, green card COS or counselor processing, etc.?