Updates for July 24, 2025, Conference Call

[DEEPAMENON]

Rajiv S. Khanna, US Immigration Attorney, hosts a Free ZOOM Community Conference Call every 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 live discussion. The recording of the call will be posted on our YouTube channel.
Note: Please dial into the ZOOM conference call to ask the questions posted by you in this thread.
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ZOOM Dial-In Details: https://bit.ly/ComCalls
Call Date: July 31, 2025
Start Time: 12:30 PM Eastern Standard Time
End Time: 1:30 PM, EST
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

 

[deepak238]

Changing status from L1A to wife's L2S, H1B or H4 EAD visa
Hi Rajivji,

Thank you for conducting these conference calls.

I am posting to request your advise on my current situation:
I am working in US under L1A visa and have an approved I140 under EB1C (PD Mar 2023, I485/AOS pending). My wife who is currently on L1 visa with her employer in US was recommended to file a change of status to H1B (she got selected on H1B lottery this year and her employer preferred to move her to H1B to allow for extensions beyond the max term limit on L1 visa). Her petition was recently approved with the H1B visa start date as Oct 1, 2025.

I am currently in a phase where I may need to find new job opportunities and hence wanted your advise on my ability to change employers given my visa status. Questions I had were:
A - With my green card I485/AOS pending, my initial plan was to move to my wife's L2S visa if I have to change employer. Given that my wife's visa status will now be H1B, what would be my best option to change employer under a valid work authorization status? My wife also has an approved I140 through her employer.
B - Since my wife's approved H1B petition says start date of Oct 1 2025, does that mean I can technically move to L2S if required before her Oct 1 2025 H1B visa start date?
C - If my best option is to move to H4 EAD, what would be the best path to pursue this for having minimal gap in work authorization status? Is there a way to proactively start that process through my wife's employer while I am still on the L1a visa and working with my employer?
D - What would be the timelines to expect if I have to pursue the H4 EAD? Can the H4 change of status and EAD by applied for at the same time through wife's employer?

 

[shivam_ohri]

Irregular paychecks, effect on STEP OPT status

FACTS: My STEM OPT extension just began. I’m employed with a small startup where my salary at times gets delayed by days to weeks. Until now as I was on regular OPT so this was manageable. I’d like to stay with this employer until October, since my H-1B has been filed through them.

QUESTION:

1. How such payment/salary irregularities impact my STEM OPT status? What do you recommend so that I stay compliant?
2. Am I considered unemployed as soon as my paycheck is delayed—whether by a day or a week?
3. Should I immediately inform my university DSO about these delays?

 

[Gill916]

CSPA Calculations

9 FAM 502.1-1(D)(4) Calculation of CSPA Age
Family and Employment Preference Cases: The “CSPA age” is determined on the date that the visa became available (i.e., the date on which the priority date became current in the Final Action Dates chart in the Visa Bulletin or the date on which the petition was approved, whichever came later).

How can I convince the US Consulate to recalculate or reconsider the CSPA age for child

• Date of Birth: Dec 27, 1997, Country of Chargeability: Pakistan/Under Rest of the World.
• Incorrect Priority date was 08/08/2007 But then got it corrected in 2024 by USCIS to correct priority date.
• Correct Priority Date: July 27, 2007
• New Approval Date: 04/22/2025
• Approval Notice Never received in the past and never recorded on USCIS, but they sent the case to NVC in 2010, and case number also starts with ISL2010**********. FOIA also verified that there is no approval Notice found in their record. USCIS advised the petitioner to apply for I-824 to get the Approval Notice So the petitioner applied in 2024, and it has new APPROVAL Notice date of 04/22/2025.

Question.
NVC scheduled the interview in early June 2025 and sent the file to Islamabad embassy on 4/21/25 one day before USCIS Reopened and reconsidered their previous decision on this the I-130 case and ISSUED the NEW Approval Notice with NOTICE of Approval date of 04/22/2025. Now VISA Officer refused the CSPA Child (DOB 12/27/1997) based on ISL2010 wrong or previous approval date. But according to the above statement in FAM, CSPA age is determined on the date that the visa became available (i.e., the date on which the priority date became current in the Final Action Dates chart in the Visa Bulletin or the date on which the petition was approved, whichever came later). VISA should be allowed for AGE OUT child based on the Correct APPROVAL DATE of 04/22/2025 which is Later than Final Action date.
Approval Date - Filing Date = Pending Time (17 years 8 months 27 days)
The formula for calculating CSPA is:
Age at Time of Visa Availability - Pending Time = CSPA Age
27- 17= 10 years CSPA age according to New and ONLY available Approval Notice Date of 04/22/25 (Which is Later than Final Action

Please advise how the applicant or petitioner can convince the Consulate about this scenario so that they can reconsider their decision and add the child back to the case to ISSUE the visa.
Thanks

 

[Moose]

Will STEM OPT and H-1B get denied if the diploma won’t be ready until after my OPT ends?

Hi,
I’ve finished all the requirements for my degree, but I haven’t received my diploma yet, it’ll be issued on August 15th. I was supposed to graduate last year, but I just completed my thesis and am working on OPT which ends on July 24th, and I’m applying for the STEM OPT extension using my official transcript and a “Scheduled to Graduate” letter from my college.

I also got selected in the H-1B lottery, and I submitted all the documents for that too, again using the transcript and the graduation letter.
My concern is, what happens if both my STEM OPT and H-1B get denied because the actual diploma won’t be ready until after my OPT ends?

What options do I have if that happens? Can I submit the diploma later and try to reopen the case or appeal? Is there any kind of grace period or another way I can stay in status in the U.S.?

 

[Shreya_K]

Laid off on H-1B, COS to B1/B2, can I file another B1/B2 COS while job hunting?


H-1B LAID OFF 2nd time.

• Feb 2024: Laid off on H-1B, filed Change of Status (COS) to B1/B2 within 60 days.
• Aug 2024: Got H-1B offer; transfer filed in premium. Got RFE (degree proof), then received B1/B2 approval first, followed by H-1B approval.
• June 4, 2025: Laid off again; no severance. 60-day grace period ends Aug 4, 2025.
• I have been actively job hunting; 6–7 interviews so far but no offers yet.

Question:
Can I file another B1/B2 COS this time? What are the pros/cons or other options?

Living in the Bay Area, San Francisco
No I-140 Process in place yet.

Thank you!

 

[T34]

Change of status from B2 to H1B and back to H1B COS

1. Is USCIS approving B2 to H1B and B2 ext applications submitted after this policy was archived?

2. How long form I-539 application is taking for decision right now, for job search after layoff?

3. After securing a job, is USCIS still approving B2 back to H1B COS within USA?

4. If priority date becomes current while B2 is pending or if it is approved, will USICS grant I-485 adjustment of status within USA?

 

[eager77]

Question about TUB, CSPA with EB2

Hello Rajivji,

My Priority Date is in early 2014. As per USCIS guideline in 2022, I have filed TUB (using 485-j) for my 485 along with my family 485, from EB3 to EB2. At the time of filing TUB, my EB2 140 was approved, my 485 was pending and my son's age was 17 years and 6 months.

My son is turning 21 soon and studying in college. Do you think should I consider to change his status to F1 or I can assume that my 485 is already in under EB2 and my son's age is locked by interfiling?

If we assume his age is locked under CSPA with EB2, do you think there will be any issue at Port of Entry if he travels after he completes 21?

Thanks.

 

[YGUPTA3]

Current company acquired, do I need an H-1B amendement, impact on future GC process, contribution to 401(k)


Hello Rajivji,

I hope you are doing well.
I am currently on an H1B visa with an approved I-140. My company was recently acquired, but my roles, responsibilities, location, and salary remain unchanged. According to HR, all payroll and 401(k) contributions will continue under the same EIN number, and there has been no change in the legal name of the company. Based on this, they have confirmed that no H1B amendment is required at this time.
With this limited information, I would like to seek your guidance on the following:

• Is an H1B amendment or any other USCIS notification required in this scenario, either now or in the near future?
• Could this acquisition have any potential impact on my I-140 or future green card process (such as PERM or I-485 filing)?
• Can I contribute to the new 401(k) plan (under the new employer name) without affecting my H1B status or immigration process?

 

[sunTzu]

How to obtain a PCC from India?

Hello Rajivji,

I applied for my parents' green card via concurrent filing from US in October 2024. They have been in the US since June 2024. My father's I-485 got approved. However, my mother received an RFE asking for submitting a "Police Clearance Certificate (PCC)". They live in Vadodara, India. We do not have any relatives there anymore who can assist us with obtaining the PCC. It seems that this was likely an error on behalf of USCIS as PCC is needed when applying for green card from abroad.

Do you know any agencies who help getting PCC from India in such cases? My parents cannot go to the police station in Vadodara as they are in the US living with me.

Thank you!

 

[dolphinp]

Options for B2 extension during job search

Hi Rajiv Sir,

I was laid off on November 29, 2024, and with my 60-day grace period ending on January 29, 2025, I filed a change of status to B2 on January 28, 2025. I received an approval notice (I-797A) on April 4, 2025, with the validity ending on July 28, 2025.
Since being laid off, I’ve had a few interviews where I made it to the final round, but unfortunately, I wasn’t selected. As I approach the end of my current B2 stay, I’m now considering filing for an extension (Form I-539A) to allow more time for job searching.
Has anyone gone through a similar situation recently? I’d really appreciate any insights, tips, or lessons learned when applying for a B2 extension—especially around timing, supporting documents, or anything else to watch out for.

Thanks so much in advance for your help!

 

[gagan1997]

Switching from STEP OPT to H-1B

Hello Rajiv Sir,

Currently I'm working on STEM OPT and my employer filed H1B petition which got approved. It will start from October 1st. Can I switch employer before October 1st? If Yes, is there anything I need to be careful about?