US Immigration Questions

  1. Tuesday, 9...
    Question: My employer has applied for my H1 B extinction and got an RFE ,based on RFE responded but I got denial USCIS site 03-20-2020. But my employer still did not received denial notice. How many days I can stay in the USA after denial. (my I-94 has expired Jan-25-2020)
    Answer:

     

    Watch the Video on this FAQ:
    Covid Coronavirus Converting to B-1 B-2 status and 
    Covid Coronavirus H-1B denial

    Video Transcript


    A lot of you who have been laid off can use this information to maintain status. Lets say you got laid off in your H-1B. The way the 60 day grace period works is, you are given either the time remaining on your I-94 or 60 days whichever is less. So if you have only 45 days on your I-94 you have got a 45 day period not a 60 day period. 

    As long as you file a B-1/B-2 application with the government within those 60 days or 45 days depending upon your situation I think you are going to be quite OK. But here is what you need to understand. When you file B-1/B-2 you will use the form I-539. You will prepare a cover letter to the government telling them the truth that you have been laid off unexpectedly in the times of coronavirus. You cannot travel outside the USA, finding another job is getting difficult, you have enough money to support yourself, you will not work illegally and you are asking for a six month stay on a B-1/B-2 status and that as soon as you are back on H-1B you will not start working until the H-1B is approved. So make these points with the government.

    You can file the application online. While this application is pending you are not accruing unlawful presence. You are in an authorized period of stay. But here is one big point to remember. If you ask for six months your application is probably not going to be decided till about nine months. The last three months you would be accruing unlawful presence. So what you need to do is before the requested six month period is over if you have not found a job, apply for another extension even though the first one is still pending. Keep applying for further extensions until you need them no more.

    But B-1/B-2 is a great way to maintain your status. Nobody can travel during this time, so obviously you have something pending with the government even if you are out of status. These are extraordinary circumstances the government should forgive you for being out of status and at some point either at the point of the fist B-1/B-2 or at the point of the second B-1/B-2 approve your B-1/B-2 therefore take away all your unlawful presence issues and if they don't that’s what the good lord made the courts for. Apply for a B-1/B-2. It is a very important way to do things.

    FAQ in detail...

     

     

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  2. Wednesday,...
    Question: I am on H1-B with approved I140. My I94 expired on 10th October and my H1 extension was filed in time. After 7 months of processing time I got RFE even though my employer has filed two service requests requesting to expedite the process. Regardless now that I have got the RFE there is a very high probability that I wont get a response before 240 days which is on 6th June. As far as my understanding goes I am allowed to stay even after 240 days of H1 extension waiting for the decision but not authorized to work. Is that understanding right?
    Answer:

    Watch the Video on this FAQ:

     

    Implications of the 240 days grace period


    Video Transcript


    When you file your petition timely you have a 240 days grace period to continue working even after your current status expires. That is a very big advantage, but the problem is what if the government takes more than 240 days to adjudicate. While the case is pending you can work for only 240 days, but you can stay an unlimited amount of time in the United States as long as the case is pending.

    In the context of an H-1B if you have filed for an extension to change you can continue working as long as the case is pending, but if you have filed for an extension without change, you have got 240 days. FAQ in detail...


    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  3. Tuesday, 5...
    Question: My father is having a B1/B2 visa till 2025. He came to visit me on Feb 12, 202. He has stamped (I-94)till August 4, 2020. Due to this COVID-19 situation, I would like to extend his stay in the USA on B1/B2. He visited the USA multiple time from 1987 to 2020.
    Answer:

    Watch the Video on this FAQ: B-1/B-2 visitors visa extension 


    Video Transcript

    There should be no problem applying for extension in these circumstances. The important thing is to get the application filed. It is not that important to get it approved. Make sure he keeps proof of timely filing. FAQ in detail...




    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  4. Tuesday, 5...
    Question: I have a question regarding the impact of the recent Executive Order on my parents' greencard application, which is currently underway. I’m a US citizen (India-born, recvd greencard via EB category) and have sponsored the greencard application for my parents, who live in India, via consular processing. I-130 is approved, and we filed DS-260 and Form I-864 on 4/22 before EO was announced. Does the EO impact their case, or given it’s already in-progress (past I-130 approval), will it continue unaffected?
    Answer:

    Watch the Video on this FAQ: Effect of immigration proclamation/

    executive order on green cards


    Video Transcript

    First of all it does not apply to people who are already in the United States. It impacts, only to the extent that they will not get the immigrant visa stamp on the passport for the next 60 days. FAQ in detail.



    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  5. Tuesday, 5...
    Question: What happens if somebody on H1B loses job while in AOS ( interview done)? Can he/she be without job for an extended period of time? Does the status change to AOS automatically? Have you seen a rejection in I-485J that’s filed after change of employment under a SOC code that’s not same as earlier SOC code but Job Description is similar? What happens if I-485J is denied? Does USCIS allow a new I-485J to be filed?
    Answer:

    Watch the Video on this FAQ: 

    Covid Coronavirus loss of job while in AOS I-485 period

    Video Transcript

     

    All you have to do is file a Supplement J with a new job offer. In the meantime, if you are not working and staying at home that’s fine because adjustment of status 180 days brings you to a point where you don't have to have a job you only have to have the offer of a same or similar job. If the supplement J is denied I guess you can file another Supplement J. I would probably file a motion to reopen if the I-485 is being denied with another Supplement J. FAQ in detail...     

     
    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
  6. Thursday,...
    Question: I recently got approval for Work From Home, from my client. So my work location will be my home. My H1B Amendment is filed. Because of situation, I have to change my home i.e work location, within same MSA. Also, if we can change the house, just updating AR-11 will suffice?
    Answer:

     

    Watch the Video on this FAQ:

     

    Covid Coronavirus changing H-1B home office location


    Video Transcript

    Changing location of work within the same geographical area is not a problem. Do remember to file your AR-11. FAQ in detail...



    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.


  7. Thursday,...
    Question: We are looking at various measures of safety and expense control. First and foremost everyone is working from home for their on safety and wellness. For expense control one idea that we were discussing was a potential pay rate reduction for a short period of time.
    Answer:

    Watch the Video on this FAQ: Covid Coronavirus Question from

     Employers about Payroll for H-1B and others L-1, E, etc. employees


    Video Transcript

    If you look at the Department of Labor regulations they say that the employer cannot stop paying a salary or the right amount of salary for anything that the employer does. So if you don’t have a project that's your problem. If by law or by local order you cannot open offices and you cannot work, would you as an employer be allowed to pay a lesser salary and that might be something to look at because rather than laying off all the people that your concerned about I would have you to think about other alternatives. FAQ in detail...


    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  8. Tuesday, 28...
    Question: My parents are here in US on B1/B2 visitor visa and their I-94 expires on June 5th. With the current Covid Situation, I feel it's risky to send older parents back to India. I would like to know if I can apply for extension of stay based on this situation? USCIS will consider this kind of pandemic situation in to account for extension? If I can apply extension how soon I should do and how long I can extend ( can do 6 months)?
    Answer:

    Watch the Video on this FAQ:

     

    Covid Coronavirus Extension of B-1-B2 (tourist visas or business visas)

     

    Video Transcript:  


    This is an extremely important question, applying for an extension of B-1/B-2 status while there is coronavirus epidemic happening. ABSOLUTELY apply for your B-1/B-2 extension. It should not be a problem and once you apply for it online using form I-539 it is received by the government. You don't have to step outside your house. Now specifically answering your question you can extend six months from June. So once the application is received your parents can continue to stay here while the application is pending. FAQ in detail...

     
     
     
    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.



  9. Tuesday, 28...
    Question: I currently have an approved I-140 with my former employer which is past 180 days. I'm on my H1b (exp May 2021) with my current employer, now my current employer has furloughed me for 90 days and asked to return to work after the furlough period. During this time I'll be paid 20% of my salary or could use my PTO (200 Hours). What options do I have to maintain my status during the furlough period? Can I take paid/unpaid leave and go back towork for the same employer or do I need to find a new job?
    Answer:

    Watch the Video on this FAQ:

    Covid Coronavirus H-1B employee furlough's

     impact on green card and H-1B


     

    Video Transcript:


    First of all you haven’t lost status in my opinion because you can always claim with the government that you are maintaining status and the non-payment of the full salary is no fault of yours. I don't think you can do much during the coronavirus times. Don't worry about status. You have not done anything wrong and definitely you are not accruing unlawful presence. At the termination of this coronavirus period you can continue the same employment, but I would rather have you change employers and get another H-1 then file a complaint against the employer because they have to pay you a hundred percent of your wages. They cannot just pay you twenty percent. That’s illegal. FAQ in detail...



    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  10. Sunday, 26...
    Question: 1. I work for an MNC, who filed my GC in EB1C, I-140 approved 2 years back, I-485 filed almost 2 years back, completed I-485 interview an year back, also holds a renewed EAD/AP card. My company laid off me recently, so my L1-A will soon get invalid. I got an offer from another company in similar role and responsibilities (SOC code: 113021), so planning to move using AC21 portability. However, my first employer was in e-commerce, whereas new employer in banking domain. So, my new job offer compensation will be 10% less than the salary mentioned in my I-140/I-485 by my current employer. 2. My case is genuine as my current employer is laying off and my role got impacted, with Coronavurus pandemic, it's difficult to find new jobs. Though the roles and responsibilities (role as people manager) will be same, but domain and industry are different and hence, salaries will be different in different industries. 3. Within how months should we file I-485J and what documents do I need to provide to my new employer when joining the company? 4. By the way, my current employer suggested to use AC21 portability to move to any new employer and confirmed that they wont cancel my I-140.
    Answer:

    Watch the Video on this FAQ:

    EB-1C International Managers/Executive Green Card portability


    Video Transcript:

     

    1. Even if there were a substantial difference in the salaries I don't think it is a major issue. The requirement of the law is that the jobs must be same or similar. The idea that someting is similar presupposes that they are not the same. I don't think salary is going to be a problem.

    2. As long as the roles and responsibilities are the same and you are performing substantially the same job duties I do not anticipate any problem.

    3. Regarding documents don't do it yourself. Get a lawyer. You need to file supplement J and it is something that should be assessed by a lawyer before it is filed. 

    4. AC21 is good. Even if they cancel your I-140 it is not going to be a problem. Once I-140 is approved and it stayed pending for 180 days you are covered from every possible angle. In your case you are protected from every possible angle, even if the employer revokes the I-140. FAQ in detail...



    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  11. Sunday, 26...
    Question: I lost job and my last date of employment with the employer is March 20, 2020. This employer sponsored H1B and also had ported GC AOS in 2018.: 1. After my last date of employment (March 20, 2020), how much time do I have to transfer H1B and I-487 to a new employer? 2. Will losing the job affect the EAD renewal in processing? 3. How would it affect I-487 application, which can become current any time soon?
    Answer:

    Watch the Video on this FAQ:

    Loss of job/laid off during Covid/coronavirus times

     

    Video Transcript:

     

    First of all you are in a good situation because if you have a I-485 pending then you can continue to stay even if you lose your H-1B or L-1 or any status because I-485 allows you to stay here. EAD that comes with I-485 allows you to work here and advance parole that comes with the I-485 allows you to travel. Keep in mind that all these are additional benefits to being able to stay.

    1. You have 60 days or the time remaing in on I-94 whichever is sorted so in this case probably 60 days.

    2. It will not.

    3. By the time you are ready to deal with the I-485 you should get another employment or at least an employment offer. More...


    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  12. Wednesday,...
    Question: Spoken to the current employer's attorney on Tourist visa , they replied its not a correct path moreover it takes much proofs to tell USCIS i was on H1b working for employer and then changing to visitors and then after certain period of time when i find a project, changing it back (i.e applying) to h1 makes this case more complex.
    Answer:

    Watch the Video on this FAQ:

    Applying for tourist, visitors, B-1, B-2 to maintain status


    Video Transcript:

    B-1/B-2 is not a perfect solution, but it allows you to be in an authorized period of stay for up to six months. You can apply before the six months are over for another extension whether or not you get it as long as the case is pending it was timely filed you are not illegal. You do not accrue unlawful presence, but you cannot jump to another status for that  you might have  to go outside USA. But under the current environment, it is an good point to argue. FAQ in detail...



    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  13. Tuesday, 21...
    Question: I am a Manager of a resourcing company in India working for more than 2 years in the same company. Recently, a US company acquired us. Can the US company apply a L1A visa for me and subsequently a green card in EB1-C category?
    Answer:

    Watch the Video on this FAQ: Effect of take over on L-1


    Video Transcript:

    The answer is Yes. Remember that the relationship between the companies acquired, acquiring branch and parent does not have to be one year old, only your work for a member of  that group of companies must be one year outside the USA. FAQ in detail...




    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  14. Tuesday, 21...
    Question: 1. Is H-1B visa holder eligible for unemployment only if laid off or even furloughed? if yes, how do we know that we are eligible? 2. Where can I check my i-94 expiration date? 3. If I now have to change from H1 to B2 due to furlough, and if I have to return back to work later with the same employer, should i have to go out of the country to change back to H1? 4. What are the effects to my H1b if I have to chose using PTO or unpaid leave or combination of both, or if I have to work just 20hrs/week? 5. If I have to apply for a H4 and an EAD, do both of them get approved at the same time? I am asking this because I wanted to know if there could be a gap in my employment after I switch from H1 to H4 waiting for EAD.
    Answer:

    Watch the Video on this FAQ: H1B visa holders during COVID

    Video Transcript:

     

    1. You can definitely take the state unemployment insurance if the state law allows. 

    2. I-94 expiration date is in one of the two places. If your most recent I-94 was issued upon international travel you can go online and print out a copy but if your most recent I-94 was issued within USA as a change of status  you will need to get a copy of the approval notice at the bottom of which the I-94 is attached. Your lawyer should cut it out and give it to you. They are required by law to give it to you.

    3. You cannot do that.

    4. Reducing the number of hours is less objectionable. 

    5. They are taking a long time and they don't necessarily have to get approved the same time. Yes, there is likely to be a gap. FAQ in detail...


    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  15. Tuesday, 21...
    Question: I had my EB2 Interview last week it went good. I did submit my offer letter and my paystubs. I am still waiting to hear back from USCIS regarding the next steps. If I end up losing my job what happens in that event? I am working with my current employer on EAD and I dont have an active H1B. Its very difficult to find another job in the current situation, since I have already submitted an offer letter will they require any other confirmation before approving?
    Answer:

    Watch the Video on this FAQ:

    Losing job after AOS I-485 interview


    Video Transcript:

     

    File for Supplement J if you already have a job. It may extend your green card processing time a little bit, but it is worth the wait. FAQ in detail...


    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  16. Monday, 20...
    Question: 1. I have my I-140 approved 2 months back and my employer is not ready to share the approval notice, is there any way to get it? 2. I am planning to look out for a job change and will my I-140 still be there if I change my employer or is there any time period I have to be with the employer or can they revoke my I-140??, as I am planning to get EAD for my wife on my I-140.
    Answer:

    Watch the Video on this FAQ: I-140 revocation

     

    Video Transcript:

     

    You should file a  Freedom of Information Act (FOIA) request online. You should be able to file and ask for all immigration related documents relevant to your case. They should be able to give you any documents that can prove that your I-140 was approved. Remember, even without the proof you should be entitled to almost all the benefits because the I-140 is the employer's case and you may not have a copy of the approval but you are the beneficiary of that case so the government should cooperate.

     

    If you do not have an issue with extension beyond six years you are fine. Even if they revoke your I-140 one day after your I-140 approval, they cannot take away your priority date. That can be transferred to another new green card. If they don't revoke the I-140 or if they revoke it after 180 days your spouse will be entitled to H-4 EAD. But if they revoke it before the 180 days then both you and your spouse will have to wait until your second I-140 to a new employer is approved. FAQ in detail...




    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  17. Sunday, 19...
    Question: I graduated from UCLA in December 2019 and my OPT started on February 10th. I was supposed to start working on March 30 in Los Angeles and I was scheduled to travel back to US from India on 28th March. But due to the travel restrictions, my flight got cancelled and I am unable to travel back. When my employer found out about this, they pushed my start date ahead to end of April because I am not physically present in the US (they mentioned immigration laws don’t allow them to let someone start work overseas). I am now scheduled to travel at the end of April to be able to start work else I will run out of my 90 non working days leading to expiry of my visa.
    Answer:

    Watch the Video on this FAQ: Student on OPT during Covid 19

    Video Transcript:


    Please check the websites ICE (SEVP) , USCIS and NAFSA for frequently asked questions related to your issue. Also if they have a foreign office or an office in your country you can work for them. 

    FAQ in detail...



    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  18. Saturday,...
    Question: Can H-1B transfer happen in such case from company B? If yes then if this transfer is approved but previous H1b extension is not approved which is from company B will it impact my status in US? Can I work for company B still? Will there be any chance that I have to go to India and come back with stamped visa ?
    Answer:

    Watch the Video on this FAQ:

    Transfer of H-1B while extension is pending

    Video Transcript:

    Yes you can. You can join company B but if the case is denied you will have to go outside the USA for visa stamping. FAQ in detail...




    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  19. Sunday, 15...
    Question: I got my H-1B denial on 02/20/2020. H1B expired date : 1/31/2020. I-94 expired date: 2/10/2020. H1B extension denial date: 02/20/2020. H1B filed date: 12/07/2019. H1B RFE date: 12/27/2019. H1B RFE replied date: 02/02/2020. How long can I stay ?
    Answer:

    Watch the Video on this FAQ:

    What to do after an H-1B (or L-1) denial

    Video Transcript:

      

    The fact is that you are accruing unlawful presence beginning February 20th. So if you stay in the US 180 days after that you will be barred from entering the USA for 3 years. FAQ in detail...



    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  20. Friday, 13...
    Question: In my offer letter, they have mentioned if they sponsor H1b I need to work with them for 5 years. What happens if I change the company by down the road within these 5 years?
    Answer:

    Watch the Video on this FAQ:

    Work duration and damages contracts under H-1B

    Video Transcript:

    Please check on the state laws about whether these contracts are even legal or enforceable. You can also visit this link on my article on :  

    Liquidated damages clauses In H-1B visa holders’ employment contracts



    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

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