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  3. JoeF

    Can I be on leave without pay on H1B visa?

    It essentially means you are laid off. You have up to 60 days to be hired back or find another job.
  4. pontevecchio

    L1-A Layoff Help-EAD/AP approved

    1. yES. The EAD lets you work without restriction and the AP lets you travel. They will ask for proof of the original job for which the GC was approved. See 2. 2. You can use AC21 provisions to get a job in a similar field and show that when asked for proof of an underlying job. 3. Instructions for renewing EAD/AP are on the USCIS site. Visa being a stamp and you not being in L1 status now, L1 is not relevant to you from now on. I assume EB1C and I also would ask you to discuss your specifics with an Immigration lawyer.
  5. Hi, my mom came to US on B2 visa in Nov-2019 and her I-94 expires end of Apr-2020. Her Indian passport is expiring in May-2020. Plan is to go back by 25-Apr-2020 but may need to extend her stay in US due to India/flights travel restrictions situation. Please advise if her Indian passport can be renewed here in US (SF consulate) and to apply for I-94 extension? Thanks.
  6. Important dates: My I-94 expired on December 31st, 2019 Got RFE on January 6th, 2020 Will respond to RFE on or before April 6th, 2020 Chances of getting a response in 15 days - April 6th, 2020 to April 21st, 2020. How long I can legally stay in the USA after my visa gets rejected? What is the process for applying h4 from India? What is the time taken for each stage before I can enter the USA ? If I initiate my h1b transfer and my RFE response gets rejected, how long I can wait in India before I can enter USA? Note : We are expecting in June and my wife needs me here and that is the only worry for me to leave USA. Thanks a lot for your help in advance.
  7. You can file for an extension to the B visa even in normal circumstances. You can use the Covid 19 as the reason for applying for an extension. If there are no means to travel, how does USCIS expects you to leave. Do they expect you to jump into the Atlantic ocean and swim to your home country or what... Its better to apply for an extension and leave once things come back to normal, rather than doing nothing and staying beyond I94 expiry date. You all should be glad that Mr. Joe Facts is not the one adjudicating your petitions.
  8. User099

    Terminate or leave while H4 EAD Extension in Progress

    You can go on unpaid leave. No issues.
  9. User099

    Can we collect payment from Stimulus package on TN

    You will get the check mailed to your home if you filed your taxes last year. I don't think it will be problem if you cash that check. BTW its not free money, it looks like a cash advance from your future taxes.
  10. User099

    I140 180 days rule

    If you I140 is approved for more than 180 days, you can use it with a future employer even if the I140 is withdrawn (after 180days). Check the status on USICS website should let you know if its withdrawn.
  11. User099

    H1B Extension denied; appeal

    Your attorney or employer will have to decide if they want to appeal or not.
  12. User099

    Job loss on H1

    Having a student loan will not qualify under compelling circumstances. You will have 60 days to find a new job.
  13. 1. You will be super lucky if this happens. 2. You can stay on H4 and move back to H1 once I140 is approved.
  14. User099

    Change of status: F2 to H1B

    Its not recommended to change your status within 90 days. If you do, you will be treated as lying to the office at POE i.e. your always had intentions to work and which is against F visa. Check with an immigration attorney to discuss options.
  15. User099

    H1B Transfer while Amendment and Extension in Progress

    1. Your petition will not be a bridge petition if Emp B applies before Apr 10th. 2. Yes 3. Leave the country or appeal the denial.
  16. Yes,but it will be a consular processing petition most likely which means if approved you will need to get visa stamped to work for them.
  17. User099

    H1 transfer rfe maintainance of status

    Just need to reply back with your Current employer extension receipt notice and you should be good. Nothing much to worry about.
  18. You can apply for a COS to B visa or appeal the denial notice and stay. Its best to discuss your options with your legal team or an attorney in such sensitive matters.
  19. User099

    H1B status - Grace Period Situation

    What is your I94 Expiry date? I think the best option is to apply for a COS to H4 and don't worry about the H1 from B as its of no use if you don't have a job. It will be risky to proceed further on it. Any employer can apply H1 for you if they have a valid job offer, but it will be in consular processing as you have used the 60 day grace period. You will one 60 day grace period for one petition.
  20. User099

    H1 to L2 Conversion Question

    Apply for L2 and EAD and you can work on EAD once approved. Why do you want to work on H1 with all the restrictions? Once I140 is approved and you can switch to H1 anytime if there is any issue with L2 EAD.
  21. Let your employer and attorney deal with it, nothing for you to do.
  22. User099

    H1B Extension denied; How to appeal

    what is your I94 expiry date?
  23. mohitsriastava99

    Can I be on leave without pay on H1B visa?

    What if employer has furloughed entire team without pay for few weeks ? How employer can be persuaded to pay H1B persons ? I mean what could be discussion points?
  24. Uday Kumar Chauhan

    B1/B2 Extension Question

    I am in the same situation. Yes we can apply for the extension but I am still gathering information about how to apply for it.
  25. Hi, I recently accepted a new job and got my H1-B transferred to the new employer. My visa transfer was approved on March 17th, 2020 and my joining date is April 6th, 2020. My new employer is located in Irvine, California, and my LCA was filed at that location. I'm currently in Princeton, New Jersey, and am a bit hesitant to travel back to Irvine, California due to the COVID-19 pandemic. I do live in Irvine. I have been for the past five and a half years, and I have all supporting documents to prove that I am a resident of Irvine, CA. I came to Princeton on 19th March, 2020 to visit my family, and couldn't go back due to the hostile travel conditions. My question is, can I work remotely for my new employer from Princeton, NJ? Or would I be violating any laws because it is outside the general commuting distance from Irvine, CA? I was wondering if the rules have been relaxed considering the pandemic. I don't mind going back, but I just don't want to risk traveling during these times. Also, the US Government is advising against traveling out of NY/NJ area since those are the states with the highest number of COVID-19 cases. I tried searching the Internet extensively for answers but couldn't find anything helpful. I'm posting here as a last resort. I'm hoping to find an answer on here. Thanks in advance! -- Pranay
  26. Yesterday
  27. mohitsriastava99

    Furlough in H1B

    Due to recent Covid-19 issues, my employer may close office and put us on unpaid furlough . will this be considered to be a break in my job ? Is my legal visa status in any danger USCIS will not relax norms in current situation Attached notice has no value ? Employer cannot furlough H1B employee.pdf
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