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The automatic EAD extension has been removed — here is what that means
Until very recently, if you applied to extend or obtain work authorization, you received what was known as an automatic extension — up to 540 days — while the government processed your application. That automatic extension no longer applies. The government has issued this change as an interim final rule, which means it is already in effect, but there is a 30-day window for public comments before a final rule is published.
The reason those automatic extensions existed in the first place was that the government was taking far too long to adjudicate these applications. The interim rule covers many different visa categories — including H4 and L2 holders — and lists out which categories will and will not be affected. My honest advice right now: do not panic, but do pay attention. The real test will come if the government does not start adjudicating these applications faster. If processing speeds up, the removal of the automatic extension becomes much less painful in practice. Over the next 30 days, watch for news articles and legal updates as attorneys and advocacy groups respond to the comments period — there is a real chance some categories get carved back in.
The $100K H1B fee — who actually has to pay it?
This is the question I have been getting more than any other. The short answer: the $100,000 fee applies only to new H1B petitions. Extensions, changes of employer, and changes of status are not impacted by it — at least based on current guidance. The one area I would watch closely is employer transfers, and I would recommend monitoring that as further guidance comes out.
There is active litigation around this fee right now. If you read the complaint in that lawsuit, it lays out a very clear history of what the H1B program was originally designed for and makes a strong case against the fee as currently structured. I am not saying litigation will definitely change things — but there is a lot of dust still settling here, and I would not make major decisions based on worst-case assumptions.
What about the proposed H1B wage level changes?
This is also going through the notice and comment rulemaking process, so it is not final. The wage level changes are primarily aimed at new H1B selections — the Trump administration's goal is to give applicants at higher wage levels a better chance in the lottery. If you already have an approved H1B and you are extending it, the wage level change does not affect your current petition. That said, this area is evolving quickly, and I would check back regularly for updates.
Can you travel to India for H1B visa stamping right now?
Yes — if your H1B petition is already approved, you can travel to India for visa stamping and return to the US without any issues related to the $100K fee or the recent policy changes. Early on, when the fee announcement first came out, many attorneys (including colleagues I respect) were advising people not to travel until things were clearer. That concern has since been resolved. It has been confirmed that traveling for stamping on an approved petition is fine.
If you have an I-797 extension approved through 2028 and are wondering whether it is safe to go to India for stamping — yes, it is. Your approval covers you.
What if you have not traveled back in many years?
One question I get a lot is from people who came on an F1, transitioned to H1B, and have simply never traveled back — sometimes for five, six, or seven years. There is no rule that says you have to travel and get your H1B stamped. Many people obtain the H1B and stay in the US without ever getting the stamp in their passport. As long as you are within your first six years of H1B status and do not need to extend into the seventh year, you can travel for stamping and return without any issue. Just be prepared to explain your situation honestly if asked.
The seventh year extension — when does it become complicated?
If you have already used up your six years of H1B and are extending into the seventh year, you need an approved I-140 to support that extension. Once you have that, you can keep extending until your green card comes through. If you are at that stage and considering travel, I strongly recommend speaking with an immigration attorney before you go.
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Book a Mock InterviewMy H1B is approved but my employer has no project — what should I do?
If your H1B petition is approved but you have not yet entered the US, and your employer currently has no project for you, my advice is to get to the US as soon as you can. Once you are here, you are in a much better position to do a change of employer or explore your options. Trying to sort everything out before entering puts you in a more difficult spot.
At the port of entry, answer every question from the immigration officer truthfully — but only answer what they actually ask. Do not volunteer information about a lack of projects. Before you travel, communicate with your employer to understand what work is available to you under your approved H1B, and make sure you are aligned with how the petition was filed. I would also recommend speaking with the attorney who filed your H1B so you are all on the same page before you arrive.
Laid off during your grace period, switched to B2, and now have a new job offer — can you still transfer your H1B?
This is a genuinely unique scenario, and here is my honest assessment. Changing status from a B2 to an H1B — or from one H1B employer to another — is something you can generally do while in the US. However, this particular situation touches on something that caused confusion earlier in the year: the government had initially said it would not allow people who entered on a B1 or B2 to then change status to H1B as a workaround. They later walked that back, but the fact that it was ever an issue means some individual officers may still have questions about it.
My strong recommendation here is to consult with an immigration attorney — and if you can, get a second opinion. The more unusual your situation, the more important it is to have expert eyes on it, especially right now when guidance is still evolving. Once your H1B is approved, if you need to travel, you can then get the stamp abroad.
O1 visa vs H1B — and how an O1 can build toward an EB1 green card
I get excited talking about this one. The O1 and the EB1 share a lot of DNA, and building toward one genuinely helps you build toward the other.
With the O1, you need to meet three out of eight criteria demonstrating you have risen to the top of your field. Things like published material about your work, a high salary, scholarly articles you have authored, or significant awards. The EB1 requires three out of ten criteria, but at a higher bar. And crucially, for the EB1, there is a final merits analysis — the officer looks at the totality of your profile, not just whether you technically checked three boxes. The O1 does not require that final merits step, which makes it slightly more accessible.
My advice to people on F1 or H1B who are considering the O1: think of it as advancing your career deliberately. You are already working toward raises, promotions, and recognition. What the O1 and EB1 add is a focus on industry-wide recognition. That means looking for nationally recognised awards, getting your name into publications, doing peer review or editorial work for journals, judging the work of others in your field, or building a public presence through speaking and writing. These things may not each individually satisfy a regulatory criterion, but they often lead to things that do.
Which is better for you — H1B or O1?
It depends heavily on your background. For engineers, it can be harder to build the kind of public-facing industry recognition that the O1 and EB1 require, compared to someone in a research or academic field. The H1B has a real structural advantage for Indian nationals in particular: the seventh year extension mechanism lets you keep extending your status indefinitely while waiting for a green card priority date to become current — and for EB2 from India, that wait can be very long. The O1 path, on the other hand, can lead to an EB1 green card significantly faster, since EB1 priority dates are generally current or close to it.
You can also hold both. The O1 has a dual intent component — it is not quite as explicit as the H1B, but you can have an I-140 filed while on O1 status and work toward your green card at the same time. In my view, if you can make a credible case for the O1, it is worth pursuing. You do not lose the work you have done toward the H1B, and you are advancing your career in the process.
One thing that runs through all of this: verify, and then verify again
Immigration law changes fast. What was true last month — like the 540-day automatic EAD extension — may not be true today. When I worked inside the government, I would watch policy shift in ways that had not been formally communicated, and even experienced officers would be asking, 'Wait, how do we handle this?' That uncertainty still exists. So no matter what you read or hear — including from me — I always recommend confirming with a qualified immigration attorney, especially for anything involving travel, change of employer, or change of status right now.
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