hmaster

Effectively “100% impossible”!

Extension can be filed under emergency. Corona is a global emergency. I would certainly not risk my parents lives. Can surely consider extension. Apart from the risk of infection itself, they could be quarantined at the airport for 14 days.

you mean you have a valid b2 when you applied for H1? If your b2 visa foil is not yet cancelled by consulate, yes you can try and take a risk. When at POE it's pure luck - I would say 50/50, I am just trying to imagine what the POE Officer is going to ask you. Sure he knows you where there just before on H1. So the first question he is going to ask you is what's your purpose of travel to US. What are you going to say? You can say tourism (even if true), is he going to buy that? If you are going to say "take care of apartment and to dispose other stuff" he may or may not find this consistent under B1/B2 classification. It's all pure luck. The problem is that you were on H1 before - its very easy for him to suspect that you might sneak in and apply for COS. Even a doubt in his/her mind is enough to assume immigrant intent and he may revoke your B2 based on that doubt/indication. If he revokes it, you will face issues with future visas cos such revocation could potentially be done under visa fraud category. Again don't find this discouraging, its just pure risk/luck and Poe's Offs perspective on the matter.

Generally they stamp the old foil with "cancelled without prejudiced" stamp. If you ask the passport back and find that they have kept it intact, you can try that trick, may work if you get lucky. There is no way POE would know, but if they ask questions be prepared with a logical answer to give. Usually when you appear for a new US visa, as a practice, all active visas in your passport are termed cancelled.

Why would you risk stamping if you have only 45 days whats the point? If you get 221g it could take 2-3 weeks anyways. Find a new job and reapply for a new h1 hoping it gets approved for a longer duration.

1. O-1 is not one of the routine visas like H1 or B1 - so you could have expected that you will get stuck. 2. Email the consulate requesting passport back - normally they will give you a token via email to collect it from the consulate. 3. Your B1 would have been already stamped as cancelled by them. Even if they don't cancel. I think once you apply for a new visa its automatically termed cancelled. Assuming its not cancelled and you try and use it, the POE could ask questions about your trip to us. If they suspect that you are returning just cos you didn't get your O1 and you are using B1 to sort matters or return to your employment (not just a visitor), they may cancel the B1 under visa fraud. I understand your pain and frustration. Its your back luck and you are not the only one. One doesn't anticipate these hardships coming out way sitting in the US, its only when you are stuck. I would say just wait it out for a few more weeks and then you can return to your home county eventually and return once processing is completed. Ask you relatives/friends to vacate your apt in US.

if they ask you, will end up getting stuck in 221g for months and case referred to USCIS for pay violation. So either get 6 months continuous pay stubs or avoid stamping.

During stamping there are 95% or more chances they will ask for recent pay stubs. Maternity leave has to be fully paid for if you were in US on H1.

not a rumor but "....talk among the government officials for now." coz the matter is under litigation - but as your know in the current climate - just about anything could happen anytime - so one has to take a risk anyways. No one option is safe. Its about what works best for the moment given the situation.

Did you read the latest Murthy breaking news article? OPT EADs wont be allowed to work off site, so if your wife intends to work with a consulting firm this may be an imp consideration. H4 EAD until rule rescinded, is a relatively safer option for the interim.

Just patiently wait. 221g are very uncertain as to when they resolve, could take a couple of months to a year or more based on what they are doing on your case. If you need to travel you can ask your passport back by emailing the consulate.

Only option is to wait and watch what they say or ask for.

Should present a problem for you. LCA has min wage.

What do you mean by RFE declined? Did you get NOIR or H1 Revoked? Irrespectively, 1. Can that company initiate H1B transfer when my RFE is declined and I don't have valid I94 too? We call it "transfer", but it's actually as new petition. Yes you can file as many. 2. Is there any problem that company need to face for the H1B transfer for me. Yes. There is a problem. You are technically out of status as of the day of denial. Don't acquire too much un lawful presence as you will attract a Ban on entry. Best is to file another petition. You wont get a I94, but you can exit and reenter with new I-797 and get a new I94 at POE if you have a visa. If you don't have a visa then you need to go for stamping.

You can't have dual status in US i.e. you can't be in H1 and then also have a parallel extension sought for L1. When you COS'd to H1 your L1 ext. is void. It's just that they have not gotten to it as you may not have filed premium. Once they see it they will deny. If you are currently on H1 then yes you can transfer to another company provided they file a cap-exempt petition. This is basic stuff.