Recording for June 12, 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: June 26, 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

 

[ard]

Maintaining employment while I-485 is pending (PD June 2014, EAD/AP 2029) - Layoff concerns​

I have my 485 filed in 2020 and its currently pending with PD of June 2014 because of backlog. I did receive my EAD+AP combo card valid till 2029. Now i am getting laid off. Given my priority date will not be current for next 18-24 months, how long can i stay unemployed? I am planning to take a break of 6 months and start re-searching for job early 2026 with an intent to get a job prior to my 485 comes to adjudication stage. Will this be ok?

 

[T34]

Hi Sir,

- Has government stopped granting B2 visa for job search after H1B layoff?

- How likely is it to get B2 1st and 2nd extension for job search in current scenario?

Thanks.

 

[RohitSharma95]

FAQ: Is it legal to take "Paid Time Off" after the end date of EAD as payment for work done earlier?

Context: My EAD is ending and I would be moving to another country with my current employer. They have asked me to apply for PTO after the EAD end date and before start date (in another country) so that I remain on the payroll. I would be in the US for a week or so after the EAD end date. Is it legal for me to take PTO after EAD end date? My company's Immigration department is not answering this and asked me to consult a lawyer.

 

[shivam_ohri]

Unpaid wages & H-1B filing: Should I stick with STEM OPT or risk COS with a startup?

I'm on F1 OPT (first year), STEM OPT approved starting July. My H1B got picked, and my startup employer is filing the petition. However, my company is a small startup currently facing financial difficulties and hasn’t paid my last two paychecks due to temporary funding issues, though they have communicated that future is bright with an ongoing joint venture.
Q1 - Given this instability, should I stay on STEM OPT or proceed with H1B filing?
Q2 - Would consular processing be safer than change of status in my case—in worst case, if the company shuts.

 

[shivam_ohri]

H-1B transfer portability: Can I switch employers before my October 1st H-1B effective Date?​

My H1B was picked in the lottery with one employer. Is it possible to transfer it to another employer before the October start date? If so, when and how can this be done—before the petition is filed, after it’s approved but before October, or only after October 1st?

 

[kumar45]

STEM OPT with part-time and full-time jobs: Will it affect H-1B approval (consular processing)?

Rajiv Sir,
I got my H1B picked this year, i am in STEM OPT, period, while in my initial OPT i have two employments one is part time(as a faculty) second one is full time(Data Engineer) will it effect my H1B approval. as i am thinking to go with the consulate process. Can i continue my Dual employment until i chose to change of states in to the H1B. i am thinking to change my status end of 2026. is it okay.

Thank you.

 

[dedhuri]

H-1B stamping in Canada with L-1B status & Canadian PR - Appointment correction & risks

On L1b In US. Canada PR holder. Country of Citizenship: India. H1b picked in this lottery and Approved
Can I get my H1b Stampped from Canada and before 1st October, considering I have a PR card
I called them and they said yes, but I have read online that maky folks get rejextion from 3rd countries
Additionally, when scheduling an appointment, I mentioned that I am a resident of Canada (because I mistakenly interpretted it as PR holder)
But on revisiting the question, I realized its physical residency
Should I redo the appointment (I did already pay the fees)
or can I correct that by calling them?

 

[sachinand]

Rajiv Ji,

I am an H1B visa holder currently in the US employed by a US firm. I have a few queries about concurrently starting a company in India to serve Indian and South Asian clients on a part-time basis. There will be a separate full-time operating team in India.

• Specifically, the tradeoff between being a Passive investor and owning shares vs. Actively managing daily operations of the company founded in India and owning shares. What is allowed vs. not allowed within the H1B immigration rules? Note that there is no financial remuneration except for owning shares.
• Separately, is it possible to follow a middle path between a passive investor and an active operator, e.g., can one be an Advisor to the operating team and provide advice on running the business, not regularly but from time to time as needed? Note that there is no financial remuneration for the Advisor except for owning shares.
• If yes, are there any Legal reporting requirements to authorities in the US (e.g., the USCIS, the IRS, US employer) to not violate the terms of the H-1B status?

 

[dhananjaysingh]

H-1B/H-4 family & birthright citizenship EO: SCOTUS ruling, maternity leave, and blue state birth

Hi Rajiv Sir,

My wife (H1-b) and I (H-4) live and work in Texas. She is pregnant, due in July.

If there is a Supreme Court ruling later this month that lifts the current nationwide injunction on the Birthright Citizenship EO, it might make it difficult, at least for a while, for baby to get a passport.

What is the best course of action for us? We are considering giving birth in a "blue state". My questions are:

1. From an H1-b perspective, can she spend 3-4 months in paid maternity leave outside of Texas, or would this be a status violation?
2. If baby is born in a "blue state" and we were to pursue litigation individually, would we have standing in that state's district court considering both of us live in Texas?
3. Would it be better to stay in Texas, give birth here, and join a group lawsuit that is filed in a "friendly" district court? Any risks with this option?

 

[dedhuri]

Moving states with H-1B (Seattle-based): When to file amendment and can I re-use stamping appointment?

my cutrrent H1b is filed with location Seattle,
If I move to a different State,
They will have to file an H1b Ammendment
but sicne I already filled the DS160 and took a visa stamp appointment,
DO I have to wait after I get an H1b to move
or can I file an ammendment and resue the same appointment?
Whats the process to follow here?

 

[Anubhuti_Choubey]

H-1B to B-1/B-2 layoff: Can I extend B-2 based on job search & file H-1B while B-2 extension pending?

Hi Rajiv ji, thank you for the informative session. I’m currently on a B1/B2 visa after a timely change of status from H-1B following a layoff. My B1/B2 stay is valid for a few more weeks, and I have two ongoing interviews at large companies where I’ve already passed initial screening rounds.


If I don’t receive an offer before my B1/B2 expires, can I file for an extension of B1/B2 based on my ongoing job search and interviews? And if I do that, and then secure a job in late June or July, can my new employer file an H-1B petition while my B2 extension is still pending, without me needing to leave the U.S.?