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Attorney_22

Immigration Related Issues of COVID-19

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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.
 

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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!

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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?

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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 by ChandniO

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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 by Spasala

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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.

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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 ?

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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?

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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.

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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. 

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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. 

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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 

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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. 

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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.

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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?

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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 by sshahab2008

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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

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