I-140 premium processing on hold and visa maxing out

[shar123]

 Hi Team,

I am from India, came to US in 2014 and I have a situation where my H1B visa is maxing out on 2 June 2020. My PERM was filed in October 2019 and I haven't received any response from DOL yet. With premium processing put on hold due to COVID-19 and with no tentative dates given when suspension will be removed what backup options I have or what should I prepare for in these remaining two months. Is it more probable that I have to go back to India? Also by what timeline I will be safe to still file my I-140 if suspension is removed. 

Please suggest folks.

 

Thanks,

S A

[User099]

On 3/21/2020 at 12:40 PM, shar123 said:

 Hi Team,

I am from India, came to US in 2014 and I have a situation where my H1B visa is maxing out on 2 June 2020. My PERM was filed in October 2019 and I haven't received any response from DOL yet. With premium processing put on hold due to COVID-19 and with no tentative dates given when suspension will be removed what backup options I have or what should I prepare for in these remaining two months. Is it more probable that I have to go back to India? Also by what timeline I will be safe to still file my I-140 if suspension is removed. 

Please suggest folks.

 

Thanks,

S A

Wait to see if there is anything in the COVID stimulus bill which is being discussed. If not, plan to leave by June.

I140 can still continue while you are in India.

[shar123]

I have recieved an audit on my application, means I need to go back to India by June. But due to COVID-19 I am not sure if travel to India will be safe. Will there be any provision to apply for temporary extension?

[ashhokbl]

I may get into a similar situation in couple of months, my Visa is ending on August 28th and I am waiting for my PERM approved as well. However, I heard some of the companies offering/converting H1-B to B2 Visa [ Exceptional basis ] . This means that you cannot work, will not be eligible for Insurance and may get salary lower than what you are receiving. 

[User099]

On 4/2/2020 at 10:11 PM, shar123 said:

I have recieved an audit on my application, means I need to go back to India by June. But due to COVID-19 I am not sure if travel to India will be safe. Will there be any provision to apply for temporary extension?

Sorry, there is no such option. Apply for B2 to not fall out of status if you have to stay beyond the Max out date.

[User099]

11 hours ago, ashhokbl said:

I may get into a similar situation in couple of months, my Visa is ending on August 28th and I am waiting for my PERM approved as well. However, I heard some of the companies offering/converting H1-B to B2 Visa [ Exceptional basis ] . This means that you cannot work, will not be eligible for Insurance and may get salary lower than what you are receiving. 

You are not supposed to work on B2.