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

Overview

This video is a live community Q&A hosted by immigration attorney Rajiv S. Khanna (Immigration.Com). It covers U.S. nonimmigrant visa strategy and what to do after layoffs, visa-status gaps, and pending USCIS applications—especially across:

• H-1B
• I-140
• H-4 / H-4 EAD
• B-1 / B-2
• F-1
• OPT / STEM OPT
• Related “bridge” and grace-period issues

Key discussion themes and main takeaways

1) Layoffs, grace periods, and “authorized stay” after losing H-1B work

Several callers shared scenarios where they were laid off while having an approved I-140, asking:

• When the 60-day grace period begins
• Whether “getting paid through a later date” changes anything

The attorney emphasized that the 60-day concept is often treated as discretionary by the government rather than guaranteed. His conservative guidance was to count from when the person physically stopped working, while acknowledging there may be arguments based on salary/severance.

Additional advice included:

• If applying for B-1/B-2 as a “safe haven” while job hunting, callers should be honest about intentions and timing—because the law is unforgiving.
• Strategies to maintain presence/legality while waiting on other filings:
  • Prefer B-1 (more appropriate framing for “work-seeking”) rather than B-2 if the plan is to look for work.
  • Use H-4 when eligible, but recognize processing can take months and can create employment disruption risk unless filed promptly.
  • Use F-1 mainly when the person genuinely intends to study; it may offer a pathway, but facts determine how workable “work” options are.

2) Choosing between B-1/B-2, F-1, and H-4 after H-1B ends

B-1 vs B-2

The attorney stated there’s no meaningful “dual-intent” distinction between B-1/B-2 in the legal sense; differences are largely agency-created. He framed it as:

• B-1: appropriate if the person can likely find a job within the expected time window
• F-1: appropriate if the person intends to return to school

H-4 (especially with approved I-140)

He confirmed that once an H-4 is approved, eligible spouses may obtain H-4 EAD. However, processing delays can still disrupt employment unless filed in time.

He also suggested that for someone whose H-1B renewal is expiring, filing H-4 now (instead of waiting) can help avoid gaps.

F-1 and OPT/academic strategies

Callers asked about moving from OPT/STEM OPT into other statuses to avoid unemployment. Guidance included:

• Awareness of USCIS biometrics delays
• Using premium processing when responsiveness is slow

3) Whether/when to resign in an H-1B change-of-employer (LCA/I-129) sequence

A key question was whether it’s “required” to resign before the new employer’s H-1B is approved or even before an I-129 receipt.

The attorney strongly rejected the idea that resigning must happen first, calling that understanding “nonsense.”

Clarifications he gave:

• One employer’s H-1B approval does not automatically cancel another’s H-1B.
• You generally cannot work for both employers at the same time, but a transition can often be planned without prematurely resigning—depending on contract and timing.
• Employers/employees should generally avoid resigning until the new H-1B is actually approved (or until the new situation is clearly safe), and consult counsel for specifics.

4) Using approved I-140 as a factor in immigration strategy (and how it can affect decisions)

The attorney noted that an approved I-140 can sometimes be used defensively in certain contexts (e.g., grace-period arguments and status-continuity planning).

However, he cautioned that adjudicators may view facts differently depending on the status requested (e.g., B-1 vs F-1 vs H-4). People should be careful about how they present intent and timelines.

5) Premium processing, compounding RFEs, and “bundling” filings

Callers asked whether premium processing should be used when multiple cases are pending (e.g., B-1/B-2 + H-1B or F-2/F-1 STEM extensions).

The attorney warned that premium H-1B with a pending B-1/B-2 or pending spouse filings can trigger multiple RFEs quickly—sometimes one for the H-1B and another for the pending status.

He also noted premium processing can still work tactically because an agency action on one case may influence how the government accepts the person’s situation in the other case, but it can increase procedural complexity.

6) Special adjudication risk points: 221G/222G, stamp use, and travel

He discussed how 221G/222G concepts can cancel status/visas if someone’s I-94 expires, including certain edge-case scenarios.

For travel:

• If someone travels and re-enters before the current I-94/visa stamp expires, using the existing visa stamp may work with a new approval (depending on facts).
• If I-94 has expired, the risk is much higher.

He also advised verifying State Department procedures and USCIS policies with attorneys, since outcomes hinge on technical details.

7) Public charge concerns and expediting H-4 EAD (lawsuit/injunction context)

A caller with an approved H-1B but pending H-4 / H-4 EAD asked about options such as contacting a congresswoman or filing mandamus.

The attorney recommended contacting the congressional office first and requesting USCIS updates/expedited action via the congressional channel.

The conversation also touched on:

• Public charge risk
• How disability-related Medicaid/assistance and potential IHSS/caregiver income could be evaluated under newer rules
• A lawsuit/injunction context that might affect how the rules are applied

8) Consular processing and prior refusals (e.g., 214(b)) with later U.S. plans

One caller asked about an H-4 dependent denied for an F-1 consular visa due to 214(b) and whether returning to the U.S. on H-4 and applying for change of status to F-1 would be problematic.

The attorney’s view:

• If the H-4 remains valid, they can typically return and pursue the change-of-status route.
• They should confirm with the school regarding funding conditions (TAship/assistantship), since H-4 generally cannot accept funds in the same way F-1 can.

9) Employment eligibility for spouses and practical “work authorization” constraints

He repeatedly clarified:

• B-1/B-2 generally does not allow employment (except for specific permitted activities). It’s mainly for status maintenance and job searching.
• H-4 EAD is the employment permission route where applicable.
• F-1 offers authorized employment pathways, but requires correct timing and compliance (e.g., OPT/STEM OPT).

Presenters / contributors

• Rajiv S. Khanna — host; immigration attorney, Immigration.Com
• Callers/questioners — multiple participants, including names mentioned in the transcript such as Saj, Dhananjay Pawar, Khandelwal (Khandelwalji), Sugandhaji, Arpanji, Devang, Rahul ji, Vandana, Dan, Gaurav, Shreyash, SB, Diwakar Reddy ji, Karan, Palak, Rizwan, Shashank Saxena, Preet, Akshay Vidhate, Sankarsan Biswas, Rehan, Jil, Google Pixel NJ, Ayan, Venkat, plus others whose names appear partially/rarely.