I-94

Covid-19/Coronavirus applying for B-2 status

I came to the US on H1b in 2010. My i140 got approved in Dec 2013. I joined a new employer on 21 Feb 2020. My H1B got approved till 20 Feb 2023, But I did not receive any receipt notice for my wife and my elder son H4. My employer told me that he applied for an H4 visa for my dependents. Unfortunately, I got laid off due to COVID-19 and my employer notified USCIS on 8th June 2020 to revoke my visa. My priority is to find a new job. But in case I do not find any job I would like to move out of the USA, I do not want to accrue unlawful days. But, due to the COVID-19 situation in India, I am scared to travel to India. My wife called USCIS and was asked to email USCIS on lockboxSupport@uscis.dhs.gov to notify her of the receipt number of my wife and son. But she has not received any response. I want to stay in the USA until the COVID-19 situation becomes normal. As per the Document COVID Coronavirus Converting to B-1 B-2 status.pdf on your website, I can apply for a change of status to B1/B2?

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Loss of job/laid off during Covid/Coronavirus times

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?

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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H-1B visa holders during COVID

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.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Does withdrawing a timely filed application/petition with the USCIS lead to unlawful presence?

1. Can I just withdraw the whole petition? and go out of the country and travel back on H4 2. Will withdrawing the "Extension+Amendment" petition without responding to the RFE make my presence UNLawful for the last 11 months. (I-94 Expired Dec 2018 last year) because I worked on the client on their new address without an approved amendment?

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Options to Stay in the USA After Expiration of H-1B

1. I am currently in H1-B more than 10 years in the USA and I have approved I-140 priority date Mar 2011 - EB2. My current employment is getting over in 3 weeks. And my current H1-B and I-94 expires in mid-August 2019. My question is if I am not able to find another job within my H1-B and I-94 expires on Mid August 2019. What are the options available for me to legally stay in the USA after my H1-B and I-94 expires? I have own house. Is there an exceptional case we can file GC EAD?
2. Without a job how many days i can stay in USA before my I-94 expires using I-140?

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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I-94 expired -- Unlawful Presence

I am H4 dependent visa holder. My I94 expired 9 months ago on Feb 2018 due to old Passport expiration. But my visa is valid until Dec 2019. I have over stayed more than 180days >365 days. I recently realized my mistake.Can you provide the best solution for this I94 problem? Explain please.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Status Expiring During the Pendency of an H-1B extension

1. I have approved I-140, on 7th yr of extension and my current H1B Visa and I-94 valid with emp A until dec 31,2018 based on my latest approval I received in Nov 1st week. I have another 1 month to apply for an extension and I am requesting my employer to apply in premium processing. 1)If my extension is applied in Premium before I-94 expiration but pending beyond my expiration date 12/31/2018, I will be 'out of status' even though 'authorized to stay' until decision is made. Is this correct that this may affect my future H1bs in case it is denied and attract NTA(notice to appear) in future because of my 'out of status' from date of expiration to date of denial or while leaving the country upon denial.
2. Is it better if I leave the country on the last day of my I-94 expiration(Dec 31, 2018) while my H1B extension is pending in order to avoid 'out of status' or 'unlawful presence' scenarios by staying here. If I leave the country while extension is pending in above scenario, is it possible for me to go for consular processing, get VISA stamped after it is approved and enter the US legally? or is h1b extension is considered as abandoned?

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Substantial transcription for video: 

Discussion Topics, Thursday, 29 November 2018:

FAQ: Effect of L-1A denial on approved EB-1C I-140 || Transfer of priority date on an I-140 -- process || Period of maximum stay allowed for tourist visa entrants || Continuing employment-based green card while moving outside the USA || Starting business on I-485 EAD|| Status expiring during the pendency of an H-1B extension || EB-2 approved applying for EB-3 || I-94 expired -- Unlawful Presence

Other: Travel during H-4 EAD || I-140 denial effect on concurrently filed I-485 || EB2 with a three-year bachelor’s degree || Green card for child born in Canada || H-1 transfer || 3 year H-1B extension || Four year delay in naturalization || Errors in H-1B approval || Fiance visa || Revocation of green card because of the company merger

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