Attorney_22 Posted March 19, 2020 Report Share Posted March 19, 2020 This week, Murthy Law Firm attorneys will answer questions regarding how COVID-19 is affecting immigration processes. Rules for Topic of the Week Threads: 1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice. 2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section. 3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions. 4. Please do not provide information which would identify any specific company, university or individual. Link to comment Share on other sites
Anupam_at Posted March 20, 2020 Report Share Posted March 20, 2020 What if you have lost your job in feb 2020, and hiring freeze is everywhere around the globe and travel ban with employers revoking the new job offers. 1. What are the available options to be in-status for H1b ? 2. What should be the contingent plans? 3. Will the USCIS will take any appropriate actions/leniency during this pandemic around the globe? Thank You for answering my questions! Link to comment Share on other sites
SSV236 Posted March 20, 2020 Report Share Posted March 20, 2020 Hello, my employer filed my H1B under consular petition. I am still in USA working for the same employer on my STEM OPT. My EAD is going to expire in July 2020. I have booked my flight and schedule a H1B visa interview for April 10th. My appointment got cancelled because of COVID-19. I asked my attorney to file for Change of status and my attorney said it is not an option for me. If I don’t get the H1B stamp before my EAD expires, what are the consequences related to my immigration status? And what are other options? Link to comment Share on other sites
BhaveshC Posted March 20, 2020 Report Share Posted March 20, 2020 Will this affect the processing the EAD/AP renewal applications here in USA? Link to comment Share on other sites
Sunny g Posted March 21, 2020 Report Share Posted March 21, 2020 Will the h1b holders be eligible for coronavirus rebate check ? Link to comment Share on other sites
ChandniO Posted March 22, 2020 Report Share Posted March 22, 2020 (edited) My parents have a green card and are currently visiting India. They departed on Oct 20 2019. We had plans for them to return to the US on April 15 2020 but because of the COVID-19 situation, we are unclear what to do. We can try to get them here earlier - around March 29 (if Indian govt travel restrictions permit). OR we can delay their travel back till the situation is back to normal. This may impact their continuous residency requirement for naturalization unless USCIS will provide an exemption for this unprecedented situation. Is there any advice on whether we should try to them in under the 6-month timeline or expect an exemption to the continuous residence requirement? Edited March 22, 2020 by ChandniO Link to comment Share on other sites
Spasala Posted March 23, 2020 Report Share Posted March 23, 2020 (edited) My H1B extension is Denied and I94 is expired. Am I eligible for change of status as dependent? Any guidelines from USCIS with travel bans around the world? I am from India. Edited March 23, 2020 by Spasala Link to comment Share on other sites
Spasala Posted March 23, 2020 Report Share Posted March 23, 2020 My H1B extension is Denied and I94 is expired. Am I eligible for change of status as dependent? Any guidelines from USCIS with travel bans around the world? I am from India. Link to comment Share on other sites
skb129 Posted March 25, 2020 Report Share Posted March 25, 2020 On 3/23/2020 at 12:07 PM, Spasala said: My H1B extension is Denied and I94 is expired. Am I eligible for change of status as dependent? Any guidelines from USCIS with travel bans around the world? I am from India. I am in the same situation without any dependent . Did you get any advice or you see any options now ? Link to comment Share on other sites
Trust2020 Posted March 25, 2020 Report Share Posted March 25, 2020 I am in a panic situation my H1B transfer petition got denied on 9th March 2020. My employment has been terminated. My I-94 got expired on 10th Jan 2020. There is currently a travel restriction for US citizen(My Kids) to India. I don’t want to travel currently in COVID-19 situation and take the chance of life risk for my family and others too. Am I eligible to file I-485 in this situation? Link to comment Share on other sites
JoeF Posted March 26, 2020 Report Share Posted March 26, 2020 5 hours ago, Trust2020 said: Am I eligible to file I-485 in this situation? An I-485 can only be filed when the PD is current. The current situation doesn't change that. Link to comment Share on other sites
Attorney_22 Posted March 26, 2020 Author Report Share Posted March 26, 2020 On 3/20/2020 at 10:13 AM, Anupam_at said: What if you have lost your job in feb 2020, and hiring freeze is everywhere around the globe and travel ban with employers revoking the new job offers. 1. What are the available options to be in-status for H1b ? 2. What should be the contingent plans? 3. Will the USCIS will take any appropriate actions/leniency during this pandemic around the globe? Thank You for answering my questions! At this time, there is are no special provisions regarding loss of employment for those on H1B. You may need to rely on the 60 day grace period if that is applicable to you while you seek new opportunities. You can also listen to a podcast from our Firm via the following link: https://www.murthy.com/2020/03/26/murthyaudio-coronavirus-impacts-on-u-s-immigration/ You may find the information useful, and then, if applicable, you can call our office to speak with one of our attorneys to determine if other strategies may be helpful to you. Link to comment Share on other sites
Attorney_22 Posted March 26, 2020 Author Report Share Posted March 26, 2020 On 3/20/2020 at 1:16 PM, SSV236 said: Hello, my employer filed my H1B under consular petition. I am still in USA working for the same employer on my STEM OPT. My EAD is going to expire in July 2020. I have booked my flight and schedule a H1B visa interview for April 10th. My appointment got cancelled because of COVID-19. I asked my attorney to file for Change of status and my attorney said it is not an option for me. If I don’t get the H1B stamp before my EAD expires, what are the consequences related to my immigration status? And what are other options? This is a very specific question related to your own unique circumstances. Accordingly, it would be better to discuss the issue directly with one of our attorneys over the phone. Link to comment Share on other sites
Attorney_22 Posted March 26, 2020 Author Report Share Posted March 26, 2020 On 3/20/2020 at 4:03 PM, BhaveshC said: Will this affect the processing the EAD/AP renewal applications here in USA? At this time, no. However, that could change if USCIS temporarily closes their offices Link to comment Share on other sites
Attorney_22 Posted March 26, 2020 Author Report Share Posted March 26, 2020 On 3/21/2020 at 1:28 AM, Sunny g said: Will the h1b holders be eligible for coronavirus rebate check ? The Senate version of the bill currently excludes most foreign nationals. Link to comment Share on other sites
newacct Posted March 27, 2020 Report Share Posted March 27, 2020 On 3/20/2020 at 10:28 PM, Sunny g said: Will the h1b holders be eligible for coronavirus rebate check ? They should be. According to the bill passed by the Senate, resident aliens can get it as long as they have Social Security Numbers, make below the income threshold, and cannot be claimed by someone else as dependents. H1b workers are resident aliens for tax purposes as they pass the Substantial Presence Test (except maybe during the year of arrival), and they have Social Security Numbers. Link to comment Share on other sites
sand1786 Posted March 28, 2020 Report Share Posted March 28, 2020 Hello there, I’m on H-1B and my employer announced on March 27th, 2020 that I’ll be placed on a temporary furlough from March 28th, 2020 until May 31st, 2020 with a return date set to June 1st, 2020. This is due to the ongoing COVID 19 situation. I am aware that the DOL mandates that any H-1B employee cannot stay unemployed for more than 60 days grace period. In my case, the furlough period will exceed the 60 day period. Could you please advice what are my options to maintain my H-1B status intact? Link to comment Share on other sites
sshahab2008 Posted March 30, 2020 Report Share Posted March 30, 2020 (edited) I was working for employer A and has my I-140 approved, few months ago i moved to employer B with H1B Valid till 2022. Employer B also has started GC process. In the meantime Employer A revoke H1B and I-140 (as per their process, whoever moved out from them they revoke these). my question is, if I want to go back to employer A does employer A has to start whole GC process again or can they withdraw I-140 revoke request? Please guide. Edited March 30, 2020 by sshahab2008 Link to comment Share on other sites
SEdwar Posted March 30, 2020 Report Share Posted March 30, 2020 Hello All, I am a green card holder and I am stuck here in Egypt because of the Coronavirus Covid-19 and all airports are closed, I have been here outside of USA for 5.5 months and I know I shouldn't be out side of USA for more than 6 months, is there any problem that I could face if I overstayed more than 6 months given that the current situation of corona-virus? Is there any proactive thing that I can do to avoid any issues? Thanks in advance Link to comment Share on other sites
JoeF Posted March 31, 2020 Report Share Posted March 31, 2020 Because it is outside of your control there shouldn't be any issue. Link to comment Share on other sites
syasa Posted April 3, 2020 Report Share Posted April 3, 2020 My H1B got picked this year. But now our employer decided to reduce all the employee wages by 20%. Will this lead to any problems in my H1B petition? Also, how will the reduction affect who already are working on H1B? Link to comment Share on other sites
jelenko Posted April 6, 2020 Report Share Posted April 6, 2020 I got an employment based green card at the end of February but my employer can no longer hire me due to issues around corona virus. At the moment I am not able to get a job in the profession I was sponsor for. I have dual degree and I am able to get a job at pharmaceutical company which is different field. If I take the job will that be a problem during naturalization? Thank you Link to comment Share on other sites
guest303 Posted April 6, 2020 Report Share Posted April 6, 2020 We have filed for H1B, H4 and H4EAD extension beginning of March. We had an appointment scheduled on April 2 for Biometrics but USCIS offices were closed and have not received a rescheduled appointment letter. What should we do? Link to comment Share on other sites
rupeshrajagopalan Posted April 7, 2020 Report Share Posted April 7, 2020 Hello, I got laid off Friday Apr 3rd due to Covid-19. I have my GC EAD. I wanted to know if I can avail of unemployment benefits till I get a new job in this difficult situation. Will it be a public charge on my GC application? Link to comment Share on other sites
Attorney_22 Posted April 14, 2020 Author Report Share Posted April 14, 2020 On 4/7/2020 at 5:15 PM, rupeshrajagopalan said: Hello, I got laid off Friday Apr 3rd due to Covid-19. I have my GC EAD. I wanted to know if I can avail of unemployment benefits till I get a new job in this difficult situation. Will it be a public charge on my GC application? Unemployment benefits are not considered in the public charge analysis. Link to comment Share on other sites
Recommended Posts