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PrashantB

H1B Visa and Stay Queries

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Hello, 

 

Background:

I am a US citizen who applied for my brother's green card(I-130) in Sep of 2017. He is an Indian citizen living in Detroit, USA since Jan’2014 on an H1-B visa. He works for an Indian consulting firm and an American automobile client.  

 

Family: He lives here with his dependent wife & son.

His wife has completed prerequisite exams and applied for dentist schools here for Spring'2021. She is waiting on acceptance. She is confident to get a call from one of the dental universities she applied to. 

His son is 8 years old and goes to 3rd grade. 

 

Since Covid-19 situation,

  • His current employer(Employer-A) revoked his H1-B  -> 15 April, grace period 60 days till 15 June (Visa petition was valid till September 2022),

  • His current employer (Employer-A) again re-applied for H1-B before the 60 day grace period ends -> applied on 10th June, not approved yet. Employer-A is planning to revoke H1-B visa again on 7th August, 60 days from applied date - since the client did not invite the contractors back to work yet)

  • He was not paid (No salary slip generated) for about 4 months (2 months grace period & 2 months new H1B applied status).

  • Last week he got selected in another company(Employer-B) -- verbal confirmation received. However due to a lack of period remaining here in the USA (7th August) Employer-B would not submit his H1-B petition by 7th August. Is there other ways to buy some more time in the USA till the petition is sent to USCIS by Employer-B. Could an expedited service be used to submit his H1B visa application?

 

Questions:

  1. I am looking for a way to extend his stay. That would allow him to search for another employer who would transfer his H1-B. Are there any waivers that would allow him & his family to stay?

  2. Are there any ways to expedite the green card processing? Like he is going through financial troubles? I applied for I-130 but not I-485 as the date has to be current or something.

  3. Could we apply for some other visa like (B2) to buy time? However, it appears if/when he finds a new job and they file H1B for him, he would need stamping before he could work. Which does not seem to be a good option considering the recent news of H1-B visa ban.

  4. If his wife applies for a Masters programme (considering only 10 days remaining), Example: master in public health on F1 visa, is it possible in this situation? Can her husband Shrikant stay as dependent?

  5. Are there any other alternatives like EB-5 if I were to assist him arrange the investment capital? The idea is that I help him open some business.

  6. Do you recommend a good attorney that could assist in this situation?

 

It would be great if you anyone with some insights can answer any of these questions.

 

Appreciate your help in advance!

 

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Admission to a university takes several months, so an F1 is completely out of the question.

He has to leave the country. The I-130 doesn't allow him to stay.

Edited by JoeF

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I do not understand why Employer A keeps on revoking your brother's H1b.  I suggest Employer A consult a good immigration attorney like Murthy Law Firm

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8 hours ago, Zodiac System said:

I do not understand why Employer A keeps on revoking your brother's H1b.  I suggest Employer A consult a good immigration attorney like Murthy Law Firm

That's obviously related to COVID-19. The employer has to pay people on H1. If there is no client no employer will do that. Furloughs are not allowed for people on H1, because people on H1 have to get paid all the time. So, the only way is to lay off people on H1. They can hire the people back (and pay them) by filing (and pay for) a new H1 petition within the grace period.

Edited by JoeF

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23 hours ago, Zodiac System said:

I do not understand why Employer A keeps on revoking your brother's H1b.  I suggest Employer A consult a good immigration attorney like Murthy Law Firm

Some employers have reserve funds/buffer amount of the employee set aside which is used at such times, and salary/bonus is paid from these buffer funds (please correct me if I am wrong).  Not sure what kind of agreement/contract your brother has with his employer.  Employer may also want to oblige the employee in a hope that if relations are good, candidate may return back to them some day or refer other candidates.

Edited by Zodiac System

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