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Attorney_22

Status Issues Following Layoff

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This week, Murthy Law Firm attorneys will answer questions regarding status issues following layoff.   

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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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?

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Hello esteemed Attorney team,

Can you kindly please have a look at my scenario and let me the the best options i have:

  • My job got laid off in the first week of December, 2019. H1 B is not revoked and the I 94 date is upto 10/2020.
  • Got my next job in the last week of February, 2020.
  • The H1 transfer was applied and got my approval notice document( I-797B) on March 9, 2020

In my current situation, can i apply for extension of status(I-94) for a couple of months (3 months to 6 months) till things get stabilized and then travel to India and get my approved H1B stamped.

Can you also please kindly let me know, if the 60 days grace period for H1B job loss is extended to 180 days as per a couple of requests(petitions) submitted to USCIS will my approved H1 I 797B  application be considered as a valid one to work here without being needed to travel to India for stamping.

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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 insurance benefits will not be considered in a public charge analysis. However, your eligibility to collect is primarily based on State requirements, and each State may have difference exceptions. You will need to look into that separately. 

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20 hours ago, ssb7 said:

Hello esteemed Attorney team,

Can you kindly please have a look at my scenario and let me the the best options i have:

  • My job got laid off in the first week of December, 2019. H1 B is not revoked and the I 94 date is upto 10/2020.
  • Got my next job in the last week of February, 2020.
  • The H1 transfer was applied and got my approval notice document( I-797B) on March 9, 2020

In my current situation, can i apply for extension of status(I-94) for a couple of months (3 months to 6 months) till things get stabilized and then travel to India and get my approved H1B stamped.

Can you also please kindly let me know, if the 60 days grace period for H1B job loss is extended to 180 days as per a couple of requests(petitions) submitted to USCIS will my approved H1 I 797B  application be considered as a valid one to work here without being needed to travel to India for stamping.

It is best for you to speak to one of our H1B attorneys on a paid consult to discuss your unique circumstances. 

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What is the impact of reduced work hours (furlough)on h1b status in this COVID 19 crisis? Are employers not obliged to pay minimum 35 hours per week of wage to h1b employee in this situation?

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17 hours ago, dnanamerp said:

What is the impact of reduced work hours (furlough)on h1b status in this COVID 19 crisis? Are employers not obliged to pay minimum 35 hours per week of wage to h1b employee in this situation?

Employers are required to pay the salary as stated on the H1B petition. Any reduction in salary or hours may result in the need to file an H1B amendment petition. Due to the sensitivity of the current situation and your specific circumstances, it is advisable to contact our office and speak with one of our H1B attorneys. 

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Hello Attorney Team -

My company has communicated that it is going to do a massive layoff 50% of our IT dept in 2 months from now, in June 2020 as phase 1 and Dec 2020 phase2. Currently both me and my spouse are on H1B visas and have approved I-140s. Since there is a 60% chance that I might get laid off here in June 2020, here are my options regarding maintaining my legal status, as I continue to do my job search.

Option 1) :Be proactive now and by May 1st, 2020, apply for change of status with USCIS for H4 & H4 EAD petitions simultaneously, using my spouse’s old employer I-140(hopefully not revoked), as it could take at least 4 months for USCIS to process, so it would probably be Sep 2020 before I get to know a decision on these petitions.

·       Risks:

1)      If I am not in phase 1 layoff list, which will complete by June 30, 2020, then I plan to file withdrawal for my H4 & H4EAD petitions in July 2020, as I understand that   per the ‘last action rule’, I can be on only 1 status (H1B or H4/H4EAD) at any given time and so it would impact my current H1B status and associated approved I140 with my current employer.

 

But if H4 and/or H4 EAD get approved separately or simultaneously, earlier than June 30th, 2020, then my current H1B will end, since new H4 or H4EAD would become effective and so my job and approved I-140/priority date could be lost.

·       Question: Is it wise to file early now or am I over preparing ? Could you advise if you see any other risks or concerns that you see with the above proactive approach?

 

Option 2) Wait for another 2 months, till June 30th, 2020 to find out if I am in the phase1,layoff list and then file H4 & H4EAD petitions simultaneously  on July 1st,2020 during the allowed 60 day grace period, that comes for my terminated H1B. So if we assume conservative 4 months to process, from July 2020, then it would be Nov 2020, before I could get new H4/H4EAD status.

a.       I understand during 60 day grace period, July & Aug, if I am able to find a new H1B employer and get approval, then I can withdraw H4/H4EAD petition.

 

Question:  Could you advise if any employer can sponsor H1B, even after the 60 day grace period and before H4/H4EAD gets approved, as I would be on WAITING mode from Sep 1st, 2020 onwards with no actual status.

 

Thanks for you time, Appreciate your help.

Best Regards

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 Specifically ,If i go ahead and file now, will new Employers/USCIS have any objection to Sponsor/Approve the  new H1B petition , if  my H4 and H4 EAD petitions are already in process with USCIS?

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Hi

I am trying to find a job following a layoff as a Software Test Engineer(was on H1B). A lot of companies are only looking for contract positions now which is frustrating. I have contacted Consulting companies but they are not open to filing an H1B(transfer), Please suggest if I can file my own H1B petetion to avoid hunting around for a Consulting Company. What is the procedure for the same.

 

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Hello,

I am on an L1-B visa, my I-485 (EB3 ROW - France) is pending since November 5, 2019. I have had my interview (which went very well) on March 4, 2020, just after they announced the EB3 ROW retrogression...

I have received my EAD with Advance Parole valid til January 2021.

My company is under big financial strain due to COVID19 and we've had a week of furlough, possibly another coming. 

I am very worried that this may lead to layoffs.

If I do get laid off, am I eligible to look for another job under the EAD with no consequence to my I-485? 

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Hi, 

I got laid off on April 13th and I am in my 60-day grace period of H1B. While it is not clear if I could find a job, I will probably apply for a school.

1. when is the latest that I can file I-539? The USCIS says 45 day before the visa expiration but I need to have an I-20 first. Correct? 
2. if I go to school and during the first couple of months I find a H1 sponsor ( while on COS ),  can I withdraw school and get the job? What is the work authorization if I withdraw school?

3. generally, I know I cannot work as CPT, during pending visa , but if I stop school can I cancel my H1 to F1 petition and start the H1 petition through a company? 

thanks,

 

Edited by Emmana

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I have filed my I-140 and it is in process and my H1B visa will max out on Jun 5th 2020 and I loose my status from that day since I dont have any option to travel back to India because of travel restrictions. Is there any way I can extend  my H1B visa further in this scenario? Or is here any other option to keep my status and work after this date?

Edited by snijeesh

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On 4/25/2020 at 10:27 PM, snijeesh said:

I have filed my I-140 and it is in process and my H1B visa will max out on Jun 5th 2020 and I loose my status from that day since I dont have any option to travel back to India because of travel restrictions. Is there any way I can extend  my H1B visa further in this scenario? Or is here any other option to keep my status and work after this date?

The only other option is to extend based on your labor certification being filed more than one year ago. If that is not applicable, you may need to consider other changes of status. Call our office to discuss options that may be available to you. 

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Hello:

 

I Am on H1 and have been placed on unpaid leave ( furloughed) by my employer for another 80 days. What would be my H1 status after 60 days is over.
thank you !

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11 hours ago, Nibedita said:

Hello:

 

I Am on H1 and have been placed on unpaid leave ( furloughed) by my employer for another 80 days. What would be my H1 status after 60 days is over.
thank you !

H1's cannot be furloughed. The job has been eliminated and the H1 is invalid. You need to look for a new H1 with a new employer within the 60 day grace period.

 

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Hello, I am on H-1B and i am on unpaid leave of absence (Not furloughed) since 3/19/2020. 

my entire company clinics are closed due to COVID-19 and that's why I am on unpaid leave of absence.

am I out of status after 60 days from 3/19/2020?

for how long I can be on leave of absence unpaid and continue of status?

thank you.

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