H1B GRACE PERIOD

[achobisa]

Hello,

I am on the H1B 60 days grace period which is going to end on April 21st. The hiring process is slow due to outbreak & lockdown and many companies are on hiring freeze, so I am not very hopeful about the job situation overall. I am concerned about my situation and have a few questions -

1. How long is the H1b transfer process taking in case I get a job closer to the grace period end date?

2. Since international travel is not advised and I am not sure if it will in the future, what do I need to do if  I don't get h1b sponsorship and my H1B Grace period ends? If traveling gets completely banned by then would I be able to stay in the US once I am out of VISA status or should I just leave the country somehow to avoid unlawful presence?

3. What are USCIS's policy exceptions for overstaying in circumstances like this, will USCIS exempt or provide any solution to this unemployment time period?

Please advise.

Thanks & Regards

[gopalakrishnach]

1. No time lines may be join on H1B receipt number.

I heard there is a law in congress that helps to increase H1B deadlines by 180 days. I encourage people to contact your congress person and ask advice.

Edited March 23, 2020 by gopalakrishnach

[User099]

On 3/21/2020 at 8:13 PM, achobisa said:

Hello,

I am on the H1B 60 days grace period which is going to end on April 21st. The hiring process is slow due to outbreak & lockdown and many companies are on hiring freeze, so I am not very hopeful about the job situation overall. I am concerned about my situation and have a few questions -

1. How long is the H1b transfer process taking in case I get a job closer to the grace period end date?

2. Since international travel is not advised and I am not sure if it will in the future, what do I need to do if  I don't get h1b sponsorship and my H1B Grace period ends? If traveling gets completely banned by then would I be able to stay in the US once I am out of VISA status or should I just leave the country somehow to avoid unlawful presence?

3. What are USCIS's policy exceptions for overstaying in circumstances like this, will USCIS exempt or provide any solution to this unemployment time period?

Please advise.

Thanks & Regards

1. It takes a min of 2 weeks for filing an H1 peition.

2. Plan on converting to B visa if you don't think you will find a job by the end date.

3. Don't risk on being out of status, atleast have a pending B petition which will be better.

[User099]

22 hours ago, gopalakrishnach said:

1. No time lines may be join on H1B receipt number.

I heard there is a law in congress that helps to increase H1B deadlines by 180 days. I encourage people to contact your congress person and ask advice.

Contacting the congressman will not give you anything since the bill is still not passed and they don't know what will happen.

[gopalakrishnach]

1 hour ago, User099 said:

Contacting the congressman will not give you anything since the bill is still not passed and they don't know what will happen.

I was telling about advice and they will know what things we are facing...

[achobisa]

We already called USCIS and told them about our situation but they didn't know about anything in place or about any changes in rules for such a situation. 

[achobisa]

3 hours ago, User099 said:

1. It takes a min of 2 weeks for filing an H1 peition.

2. Plan on converting to B visa if you don't think you will find a job by the end date.

3. Don't risk on being out of status, atleast have a pending B petition which will be better.

B visa is a tourist visa, wouldn't it be difficult to transfer back to h1b?

[JoeF]

On 3/23/2020 at 12:11 PM, gopalakrishnach said:

1. No time lines may be join on H1B receipt number.

I heard there is a law in congress that helps to increase H1B deadlines by 180 days. I encourage people to contact your congress person and ask advice.

That just seems to be a rumor. I have not found any bill so far. Any more info?

[JoeF]

4 hours ago, achobisa said:

We already called USCIS and told them about our situation but they didn't know about anything in place or about any changes in rules for such a situation. 

Forget calling them. Their support line is outsourced.

Discuss your situation with a good immigration lawyer instead.

[Attorney_15]

Generally, if someone cannot maintain their status their obligation is to leave the United States. There is generally no exception for a bad economy. One can certainly file a change of status application for status because of an inability to travel. However, it is unclear how USCIS will treat an inability versus an unwillingness to travel. In this situation one may wish to consult with an attorney for specific legal advice.

[User099]

On 3/24/2020 at 3:09 PM, achobisa said:

B visa is a tourist visa, wouldn't it be difficult to transfer back to h1b?

Preferred option will be to leave once you 60 day grace period ends and you can't find a job. But in these times with countries in lock down and no place to go and no means to travel, it might be better to submit a B petition for covering the gap. It might take a couple of months to be adjudicated, but you should leave as soon as things are back to normal and not wait for the B Petition. This is just my option and shouldn't be considered as legal advice. Its better to talk to an attorney to talk about your options.