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Thursday Community Conference Call, Rajiv S. Khanna, Immigration.Com

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News and Commentary

Overview

The “Thursday Community Conference Call” focused on U.S. immigration strategy for people in H-1B, STEM OPT/F-1, L-1, B-1/B-2, H-4, and related categories. Recurring emphasis included:

  1. How status transitions work
  2. What to do when petitions contain salary/job-location errors or receive RFEs/NOIDs
  3. How to manage timing risks, including:
    • lottery rules
    • grace periods
    • activation dates
    • travel considerations

The moderator/presenter repeatedly advised callers to:

  • Stay truthful
  • Coordinate closely with their immigration lawyers
  • Use documented justifications and procedural steps when needed (e.g., RFE responses, MTR, appeals, premium processing decisions)

Key cases and guidance discussed

1) H-1B petition approved with LCA/salary mismatch (Wells Fargo example)

A caller said their employer approved their H-1B, but later claimed the position couldn’t support the salary stated in the petition—a difference of about $30k. The employer asked the caller to withdraw or correct the filing.

Presenter’s analysis:

  • This likely reflects a lawyer/petition drafting mistake (sometimes described as a “printing press error” in the petition/LCA).
  • Strategy options included:
    • If needed, pursue a recall/withdrawal correction process to minimize harm (with discussion of “recall” mechanics and coordination with a DSO).
  • Emphasized that the caller should not simply “wait,” but should push for correction and ensure the employer can support the required salary.
  • Discussed how STEM OPT pauses when an H-1B change of status is filed, and how that affects timelines/grace periods.

2) Lost job / status change timing: B-2 → F-1 → H-1B transitions and 60-day grace

Multiple callers asked what happens when:

  • an H-1B ends, they file B-2, and later file F-1
  • they receive RFEs after submitting B-2 continuations
  • they still have access to the 60-day grace period

Presenter’s themes:

  • Continue-to-status filings are discretionary: outcomes vary, but denial is not guaranteed.
  • For conservative planning, apply earlier to allow time for USCIS processing.
  • Repeated warning: avoid exaggeration in interviews and keep explanations consistent with the record.
  • Noted that B-1 vs. B-2 selection can be “artificial,” but choosing B-1 may reduce friction depending on the narrative (work-search vs. leisure intent).

3) STEM OPT travel during/after OPT and what documents to carry

A caller on STEM OPT extension (with an F-1 visa stamp) asked about short travel (e.g., 1 week/10 days).

Presenter’s guidance:

  • Carry proof of maintaining STEM OPT compliance, such as:
    • evidence of work (e.g., W-2/pay documentation)
    • employer letters confirming continued work hours
  • The type of visa stamp (“non-urgent”) was generally treated as helpful.
  • The main concern was documentation proving active employment/eligibility.

4) H-1B lottery “salary level manipulation” risk when changing employers early

A caller asked how soon they can move after H-1B start when changing jobs quickly.

Presenter’s risk framing:

  • Lottery selection is tied to wage level.
  • Moving to an employer that drops the wage level can trigger allegations that the lottery outcome was “gamed.”

Suggested safeguards:

  • Keep salary aligned with the same wage level bracket, ideally with similar numbers.
  • Have a defensible reason for leaving (e.g., work mismatch or inability to perform at that level).

5) CPT/F-1 issues: CPT approval not granted for later semesters (contract vs immigration)

A caller said CPT was approved for part of an MBA program, but the university later refused CPT for spring.

Presenter’s approach:

  • Framed this primarily as a contract/university obligations issue, not a purely immigration-legislation issue.
  • Recommended reviewing the university’s commitments and escalating through proper channels (including using counsel for contract disputes if necessary).

6) Employment/leave and wage compliance (salary timing)

A caller asked about H-1B salary/tax record issues when payments for early months were delayed or missing.

Presenter’s view:

  • Delayed wage payments can violate labor rules even if wages are later caught up, especially if it becomes a pattern.
  • Advised coordination with both immigration and labor counsel and pushing the employer to correct wage payment reporting (e.g., W-2 alignment and potential retroactive fixes if applicable).

7) Vacation requests on H-1B

A caller asked whether taking a 6-week vacation is allowed and whether it must be “no-cost leave.”

Presenter’s general principle:

  • Employers generally cannot force vacation, but employees can request leave.
  • Vacation may be accommodated in a compliant way through employer-approved arrangements consistent with labor rules.

8) H-4 EAD / status and “no status” denials

A caller described difficulty obtaining H-4 EAD because the spouse was reportedly said to have “no status,” despite H-4/EAD-related filings.

Presenter’s guidance:

  • Maintain whatever status rights you actually have and ensure filings were submitted correctly and within relevant timeframes.
  • Appeals weren’t characterized as automatically dismissed, but the practical key was ensuring any current/new EAD filings follow proper status rules.

9) F-2 after refusal (I-214B) and best alternatives

A caller said their F-2 visa application was refused under I-214B and asked what to do next.

Presenter’s advice:

  • Reapplying for F-2 after refusal is possible but unlikely to succeed.
  • Suggested better-aligned alternatives where feasible, such as H-4/H-1B family-based pathways.

10) H-1B expiration and bridging plans (F-1 as bridge; timing; premium vs non-premium)

A caller with an H-1B ending in Dec 2027 asked about extending status for a gap while permanent processes begin.

Presenter’s plan:

  • Consider F-1 change of status / studying as a bridge, with caution about application timing (e.g., I-539 filing).
  • Discussed that if F-1 is pending and supported by the circumstances, it can help avoid gaps—though approvals and risks still remain.

“General” recurring recommendations

  • Do not withdraw petitions blindly; use correction procedures or legal remedies for drafting or LCA/location errors.
  • Premium processing is situational—use it strategically based on case posture.
  • For discretionary approvals (such as B-2 continuation/extension), the narrative and evidence quality matter greatly.
  • For travel and interviews:
    • stay consistent and truthful
    • avoid embellishment
    • carry strong proof of compliance
  • Always verify timelines, including:
    • grace periods
    • I-94 vs. petition start/end dates
    • activation dates (e.g., Oct 1)
    • whether STEM OPT is paused

Presenters / contributors

  • Rajiv S. Khanna (Immigration.Com)

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