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

Summary of the Thursday Community Conference Call (Immigration.Com)

The call was a long Q&A focused on complex U.S. immigration status management, especially around:

• H-1B timing/transfer rules
• STEM OPT and F-1/B-1/B-2 options
• What to do when USCIS processes applications out of sequence or with administrative errors

Across answers, the primary theme was: avoid risky assumptions, follow document sequences carefully, and often consult an experienced immigration lawyer for strategy.

Key topics and main points

1) H-1B grace period and starting work after transfer is filed

Attendees asked whether they could start work during/after the 60-day grace period when the employer filed an H-1B transfer late (for example, on day 54 of a 60-day grace period but with a start date after day 60).

The presenter emphasized that while status and timing can create legal risk, there is also a practical approach: if documents are already submitted with a start date, it may be too late to change the effective plan, but starting immediately after transfer initiation may reduce exposure.

Repeated advice:

• Do not “wait” if you’re trying to minimize legal dispute risk.
• Confirm details through filings/records, not assumptions.

2) Premium processing, effective dates, and USCIS “corrections”

Several questions involved cases where USCIS approval dates and requested start dates did not align (for example, where USCIS later marked an earlier start date than legally allowed).

The presenter’s stance was that errors should be corrected by the employer/lawyer through USCIS—often via requests for corrected notices (such as corrected I-797 data), especially because quota H-1B cases cannot begin before the legally required start date (commonly Oct 1).

Specific recommendation (repeated):

• Employers should request USCIS to correct the approval notice (e.g., I-797) if it reflects an unlawful start date.

3) B1/B2 changes and “pending actions” during other statuses

Participants asked what happens if they file B1/B2 during grace periods or while another status petition is pending.

The presenter noted:

• Long processing delays are common.
• Outcomes can depend heavily on the exact status history.
• If filings appear “stuck” or are processed out of order (or delayed by the system), the general guidance was: don’t withdraw unless advised by counsel, and be prepared for uncertainty.

4) H-1B cancellation, “reverse transfer,” and salary obligations

A major thread covered situations where an employer claims termination/cancellation and USCIS updates arrive later than expected.

The presenter explained that a “release”/termination involves multiple legal steps, not just telling the employee. Those steps matter because they determine when grace periods truly begin.

He also emphasized wage obligations:

• If the employer did not complete required termination steps, they may owe salary until termination is finalized.
• Attendees were directed toward Department of Labor (WHD) complaints if pay was withheld.

5) STEM OPT, EAD travel, and leave (FMLA) impacts

Topics included:

• Whether FMLA/unpaid medical leave counts toward STEM OPT’s 150-day unemployment limits
• Travel timing when STEM OPT/EAD validity windows exist but there are gaps between approvals

The presenter’s approach was cautious:

• When unsure, assume the worse-case interpretation and confirm with the school’s DSO
• For travel-related document inconsistencies, he advised: talk to the DSO immediately and resolve contradictions between school guidance and USCIS

6) Family transitions (H-4/EAD, B2, conversions) and out-of-order approvals

Some participants had family members whose H-4 and EAD approvals happened before the B2 decision, or vice versa.

The presenter generally indicated that if someone was covered by some lawful status during the relevant period, then later withdrawal of a pending petition may not create major harm—though he urged caution and confirmation based on the exact timeline.

For pending H-4 cases:

• Timing delays are common.
• Some explored litigation strategies to accelerate review, but he warned against false guarantees.

7) OPT/STEM OPT compliance and I-983 signing failures

One attendee reported the employer could not sign the I-983 (training plan), and the person was effectively “expelled” from the program within days.

The presenter stated this likely created a status compliance problem, and recommended possible restoration pathways such as:

• Working with the DSO on next steps
• Possibly travel/reentry and an updated I-20
• Other remedies depending on the case

Key message: OPT/STEM OPT have strict compliance requirements, and doing unauthorized work—even briefly—can lead to status issues.

8) Lawsuits / government delays / “status gaps”

A recurring serious discussion was how people can end up in situations where they are neither safely working under one status nor properly covered by another, often due to delayed government action or employer/cancellation timing.

The presenter acknowledged that litigation sometimes becomes a practical remedy:

• There is no guaranteed outcome
• MTR motions may not always be required before suing (depending on jurisdiction and facts), but counsel should decide

9) H-1B start timing rules and Oct 1 constraints (quota cases)

The call reinforced a core rule: quota H-1B (lottery-based) cannot start before Oct 1.

When someone’s records appeared to show an earlier start date, the presenter repeatedly said it was likely illegal/mislabeled and required urgent correction through USCIS and employer action.

Presenters / contributors

• Rajiv S. Khanna (Immigration.Com) — main presenter/answering host
• Abhishek G.
• Nidi G.
• Sani G.
• Sanjay (asked as “Sani G.” / also “Mrs. Palak G.” appears as contributor)
• Palak G.
• Karna (asked as “Karna who answered on this call”)
• Siddie / Saddie G.
• Arpan G.
• Rochit G.
• Shikhar Agarwal (appears as “Shikhar G / Shikhar Agarwal”)
• Anik G.
• Rohane G.
• Vasu Gasu (appears as “Vasu Gasu / girl”)
• Poonam Pandey
• Kumare G.
• Charlie Henry
• Waji / Wadge (appears as “Waji / Wadge”)
• Zil (appears as “Zil”)
• AJ (appears multiple times as “AJ G.” and “AJ”)
• Shubham G.
• Himashu / Himu Mishra