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

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)

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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.

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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).

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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.

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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).

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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).

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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).

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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.

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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.

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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.

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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.

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“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

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Presenters / contributors

• Rajiv S. Khanna (Immigration.Com)