Authorized Period of Stay

This is a complicated term. Very simply (there is a lot more to it), you could have your status expire and still be authorized to stay in USA awaiting the outcome of a legally filed petition. This is something less than "Status" but much better than "Unlawful Presence."

Jan 7, 2021 Recording of Free Community Conference Call (Every Other Thursday)

Immigration Law

Substantial transcription for video

Discussion Topics, Jan 7, 2021

FAQ: Visitor, Tourist, B-2 visa extensions and multiple extensions

Other Topics : 180 Day Portability Rule || Dependent Numbers Effects on Per-country Numerical Limitation for Employment-based Immigrant Visas || Advance Parole Impact on H-1B and H4 status || Consequences of Leaving U.S. with Expired L2 Visa and Expired L2 EAD while I-539 and I-765 Petitions are Pending ||Visitor Visa Extension for Parent with Expired 1-94 and at High Risk for COVID || Determining Whether H-1 Petition was Revoked by H-1 Sponsor || Starting a New Business After I-140 Approval While on H-1B Visa || Citizenship Process and Request for Diversity Files from 2001 || Impact of Advanced Parole on H-1B Parents/H4 Children While AOS Pending || Regarding Return Ticket for B2 Visiting Visa Extension || H-1B and I-94 Expired in Dec. H-1B Extension Pending. Impacts if a New Employer Files H-1B Premium Processing || Follow up: AOS, Consular Processing Delay: "Administrative Processing"

H-1B title "Programmers" and USCIS site visits

Question details

Brief history - 7th year on H1, 140 approved.<br>

1. Per recent USCIS memo 'H-1B for Programmers - 2017 Guidance'.... if the designation in my current LCA has 'Programmer' word, should I be changing the designation to a different one when I apply for H1 ?renewal?<br>

2. Also in the same memo, it said: "USCIS will now target employers petitioning for H-1B workers who work off-site at another company or organization’s location."
........what does that mean......between my employer and the end client there is middle that in any way related to what's stated above?
3. My most recent H1 is via COS from H4 and is valid until March -18. I will be applying for H1 renewal 6 months before but just in case the renewal doesn't go through, can I apply for a change of status to H4 while I'm here .

FAQ Transcript

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.

Does the H-1 60 days grace period apply when one quits a job?

Question details

1. Does the new 60 day grace period for H-1Bs apply to one after quitting their job ? Or is it only applied to situations only in the cases where the employer terminates the job?<br>

2. I am on H-1B and plan to quit my job and move back to India, I would need 3-4 weeks to wrap up things here after quitting the job. I am trying to see if I can use this 60 day grace period.

Watch the Video on this FAQ: Does the H-1 60 days grace period apply when one quits a job?

Video Transcript

1. According to the regulations what my best guess is it was reserved for those circumstances where you had no choice but to be out of status, but if you quit voluntarily I don't think you can claim the 60 day grace period.

FAQ Transcript

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.

DHS Enhances Opportunities for H-1B1, E-3, CW-1 Nonimmigrants and Certain EB-1 Immigrants, Final Rule Posted

The Department of Homeland Security (DHS) amended its regulations today to improve the programs serving the H-1B1, E-3 and CW-1 nonimmigrant classifications and the EB-1 immigrant classification, and remove unnecessary hurdles that place such workers at a disadvantage when compared to similarly situated workers in other visa classifications.

The Proposed I-140 EAD Rule - FAQ's

Question 1: Redo the PERM or just the I-140. If redoing the PERM again then what's new in this regulation? 

Answer: After 180 days, you can extend H-1 even if 140 is withdrawn.

Question 2: It seems that there is no easy provision for EAD/AP for approved 140 applicants. So is there any point in waiting for this rule or Should I consider Visa stamping is only option for traveling outside US? Please suggest as I waited for a year or long thought they are going to give AP.

H-1B Laid Off Issues

Question details

I have been laid off by my current employer, with severance paycheck coming at regular pay intervals until mid January-2016. Finding a new employment is taking time. I am on H-1B which first started on October 01, 2013, latest I-797 valid until December 2017. <br>
1. How long do I legally have, before I become unauthorized to stay? What constitutes as unlawful presence?<br>
2. My I-94 admission validity is until October 2016; with no employment, does this mean anything?<br>
3. Before I transition into a new H-1B, can I travel outside and into the country, without a Change of Status? Can I use severance pay checks if asked, for entry purposes?<br>
4. Can I use my severance pay stubs as pay stubs when my next employer applies for new H-1B?<br>
5. I am hesitating to inform my next employer about my termination, thinking that this may impact my hiring decision or my ability to negotiate. But not indicating terminated employment, is it possible that my H1B transfer or new petition may be considered unethical?<br>
6. In your experience, how long does the USCIS take to update a revoked H-1B petition in their systems?<br>
7. If my new employer files for H-1B transfer before the update but with pay stubs older than 30 days, do I have to mandatory leave the country for new H-1B stamping before starting to work?<br>
8. If such is the case, is it best to change to a B-2 status and have my next employer apply for new H-1B? If yes, I would assume that I will be cap exempt until September 30, 2019 plus the days spent on B2; would this be a fair assumption.<br>
9. Can my employer continue to pay severance checks when I am on B-2 status?<br>
10. What happens if my new employer applies for H-1B transfer with severance paychecks, after USCIS has updated their records?<br>
11. In your experience, what gap in unemployment is generally ignored by USCIS when filing for new H-1B or transferring new H-1B?<br>
12. What other words of wisdom do you have for me?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.;

FAQ Transcript:

If you get laid off on H-1B there is no grace period. You get laid off today tomorrow you are out of status.