Recording for May 29, 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 12, 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

 

[upsidedown]

Marriage-based I-485 interview concern: Will disclosing intent to stay on a B-2 visa cause issues?

Hello,

I have my I 485 interview coming up in June. It is a marriage based application, and we have been married over 10 years.

I arrived in Sept 2021 on a B2 visa, from Canada. We had bought property in the US (husband is a US citizen) and the intention was always for me to stay in the US and not return to Canada to live. We quit our up there, sold what we couldn't bring with us, packed our things, and moved to the US to begin our lives here.

Should I just tell the interviewer that when I entered the US in 2021 that I was never planning on moving back to Canada? It's the truth, and I don't want to lie, but will it cause any problems? If so, how should I handle it?

ETA: I obviously mean if he/she asks about it, I'm not planning on talking about stuff they don't ask about.

 

[nasati19]

Dismissed from NYU CS program, SEVIS terminated – Appeal, reinstatement, or new visa?

Hi Rajivji,

My relative is facing a challenging situation at NYU’s Courant Institute. Recently, he received a termination notice from the CS program during the end of 2nd year, as he failed twice in a particular course (reason poor health and family emergency) during his 1st year. The institute did not consider his appeal, terminated his course and as a result, SEVIS id got cancelled. This happened about a month before the graduation.

As of today, he has following options:
1. Do an appeal at an higher authority, they might restore his candidature but since SEVIS got cancelled and needs to be reinstated (~1year process); what are the odds of it getting approved?

2. Apply to another university and get SEVIS reinstated (~1year process); what are the odds of it getting approved?

3. Apply for university, and come back on new visa. How likely the cancelled SEVIS will have an impact on new visa approval?

What can be the best option under this scenario.

 

[RohitSharma95]

FAQ: New 5% remittance tax bill for non-US citizens: Will it pass and are non-citizens eligible for tax credit?

Hello Rajivji,
I am reasonably sure that many people would be interested in learning about the new 5% remittance bill for non-US citizens and non-nationals. It's part of the big beautiful bill, so does it have a chance of getting passed? Is there a component of tax credit back for non-citizens (It says it has a tax credit back for taxpayers but does not specify if they have to be US citizens/nationals or not) - if so, what % of it is reimbursed?

This would affect all countries, but India and Nigeria would be the most impacted. The media in both countries are covering it, but they are not mentioning the tax credit back. We request that you shed more light on this bill and assist us with the possibilities, dates, and details.

 

[Shashank1995]

Changing title and salary on H-1B: Can we file a simple extension or will it trigger an RFE?

Hello Rajiv Ji,

I am currently on an H1-B approval notice (I-797A, cap-exempt), and I’m in the final year of my initial 3-year approval, which is set to expire in February 2026. I hold dual master's degrees—an MBA and an MPH. My H1-B petition was originally filed using my MBA degree for the position of Research Coordinator.

Over time, my role has evolved to include research-related tasks such as literature reviews, data analysis, and contributions to policy work. Given these expanded responsibilities, I’m currently in discussion with my supervisor regarding a salary increase or a potential promotion to Research Associate I.

My question is:
– Can we move forward with a simple H1-B extension if my title or salary changes?
– Do we need to include my MPH degree as part of the extension filing?
– Or would a new H1-B petition be required to reflect the dual role (administrative + research) and the use of both degrees?

Also, would this kind of change (title/scope) increase the risk of an RFE during extension, and is there anything we can do in advance to avoid delays?

Thank you so much for your guidance and the valuable service you provide to the community!

 

[sachinand]

H-1B transfer to startup after PERM filing: Can I co-found a company and show the ability to pay without revenue?

Rajiv ji,

I am currently on an H1-B visa employed at a US company. I’m in the final year of my initial 3-year approval, which is set to expire in May next year. My PERM application was filed by my current employer >12 months back, and is expected to get approved in July/August this year.

I am exploring the option of co-founding a company with a few other co-founders and transferring my H1B to this new entity (per the new H1B modernization regulation passed by the Biden administration in December 2024). We are yet to incorporate the company and don’t have any clients/revenue.

Here are my questions:

• Are there any advantages in staying with my current employer until the PERM application and subsequently I-140 gets approved? Or, am I already eligible for incremental 1-year H1B extensions, based on “time spent in the GC process” (since my PERM application was filed >12 months back)?
• Since the company is yet to be found and paying clients are yet to be obtained (which I cannot do as an H1B employee), we don’t have any revenue. In this scenario, what options do entrepreneurs have to show USCIS in the H1B transfer application that the company has required funds to pay “Prevailing Wages” to me? Is it possible to use my personal savings? Additionally, where can we find the “Prevailing Wages” for a particular “Specialty Occupation” in a given "Location"?
• Lastly, could you please point me to any sources that provide the detailed list of documents required for applying for this H1B visa transfer from my current employer to the new;y found entity?

Thank you again for the wonderful service you provide through these community calls.

 

[dedhuri]

H-1B approved while on L-1B with Canada PR: Can I stamp in Canada and reenter before October 1?

Case: On L1b In US. Canada PR holders. Country of Citizenship: India. H1b picked in this lottery and Approved
Q1. Can I get my H1b Stampped from Canada and before 1st October, considering I have a PR card -> I canned them up, they said YES
Q2. After approval and stamp, will they cancel my L1B?
Q3. If yes, I believe If I exit, I cannot re-enter prior to 1st October since my H1B cannot be activated, correct?
Q4. If no, Can I enter prior to October 1st? exit and reenter after October 1st to activate H1B?

 

[kumar45]

H-1B consular processing approved — Can I work on OPT and later transfer H-1B to a new employer?

Hi Rajiv,

I have a quick question regarding my H1B status and a recent job opportunity.

I was selected in the H1B lottery this year, and my petition is currently being processed under consular processing. In the meantime, I’ve also received an offer for a full-time position with a different employer.
Here's my current situation:

• I was selected in this year’s H1B lottery, and my petition is being processed under consular processing with my current sponsor.
• In parallel, I have received a full-time offer from a different employer.

I have a few questions:

1. If I start working full-time now (on my current OPT), will it have any impact on my H1B consular processing with my sponsor?
2. While working full-time, can I continue with the H1B consular process through my sponsor until I choose to activate it via a Change of Status or stamping?
3. Alternatively, is it possible for the new full-time employer to file an H1B transfer under consular processing (without changing my status), and if so, how risky is that?
4. Do I need to inform my new full-time employer that I already have a consular H1B petition approved with another company?
5. In the future, to activate or transfer my H1B, do I need to return to the original sponsor first, or can any employer file a change of status or H1B transfer?

I want to make sure I proceed in the right direction without putting my H1B at risk. H1B is my main priority.

Thank you!!!!

 

[immi254]

Long-term international travel on Advance Parole: Will it affect my EAD or reentry to the U.S.?

Hi Rajiv,


I’m currently working for Deloitte on an Employment Authorization Document (EAD) as a derivative of my father’s employment-based green card petition. I also hold valid Advance Parole, which is valid until April 2030.


My employer has offered me the opportunity to take on international assignments lasting between one to two years. I’d like to understand whether accepting such an assignment would pose any risks to:

• My EAD status, and
• My ability to safely return to the U.S. after the assignment.

Could you please advise on the implications of extended international travel or employment under my current status?


Thank you in advance for your guidance.

Best Regards

 

[T34]

FAQ: Will admitting to an unsuccessful job search affect my B-2 visa extension approval?

Hi Sir,

While applying for B2 extension for job search, if I mention that despite giving so many interviews I have not been able to get a job offer, will it increase or reduce my chances of approval?

Thank you.

 

[Kiranmai A]

FAQ: Can I stay in the U.S. on B-2 after H-1B employment ends and the grace period was previously used

Greetings Sir,

Currently, I'm on H1-B with an employer. My last working day with them would be on May 31st, 2025. I've already completed my grace period in the past, which was Sep 1st, 2024 - Oct 31st, 2024. I went back to my country and came to the US with my current employer.
Now, I'm still looking for a new employer, and I don't think I can find one within this week.
Can I still file for a B1/B2 visa and stay in the country without an employer from next week, May 31st, 2025?
Can I be unemployed during the process time?
Will there be any consequences?
Please guide me.

Thank you so much in advance!

 

[aniketsi]

OPT employment not reported immediately: How to avoid SEVIS termination and deportation risks?

Hi. My wife is on first year of OPT. OPT EAD started Feb 3 2025 but she forgot to report employment. she reported this to DSO yesterday May 19th through University portal. Upon asking of potential problems DSO said be prepared if ICE asks about this miss/lapse in reporting. Status in SEVIS is still active and we hope DSO will update it before SEVIS is terminated. Can we take any proactive steps to correct this or avoid sevis termination/deportation?