Requesting Extension or Change of Status After Falling Out of Status

[Attorney_22]

This week, Murthy Law Firm attorneys will answer questions regarding nunc-pro-tunc filings that are requesting extensions or changes of status after an individual has fallen out of status.   

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[urjita davada]

Hello, 

My parents came to visit me in Florida in March 2020 and are stuck here since. We applied for COS / Extension in June and received a receipt of notice. 

However now  on 5th sept 2020 they have passed their 6 months in the USA although they have applied for an extension. Now they are planning to travel to Canada to meet my sister.. However we are not sure if they can travel before they have received their approval for extension. If they leave the USA without an approval, will their stay here be counted as unlawful presence?

 

[h1btransfer123]

Hello,

One of my friend has been laid off and out of job since Feb 2020 and applied for H1 transfer under normal processing in July applied for another H1 transfer in Sep thru another employer in PP...now the second h1 transfer got an RFE asking to prove 'maintenance of valid immigrant status'...what will be the best approach in this case to ensure the petition gets approved...thank you.. 

Edited September 11, 2020 by h1btransfer123

[Attorney_22]

On 9/10/2020 at 11:52 PM, urjita davada said:

Hello, 

My parents came to visit me in Florida in March 2020 and are stuck here since. We applied for COS / Extension in June and received a receipt of notice. 

However now  on 5th sept 2020 they have passed their 6 months in the USA although they have applied for an extension. Now they are planning to travel to Canada to meet my sister.. However we are not sure if they can travel before they have received their approval for extension. If they leave the USA without an approval, will their stay here be counted as unlawful presence?

 

The extension of status should continue to be processed despite the departure and they are in a period of authorized stay due to the timely-filed extension request, so no ULP. However, the re-entry will be considered a new entry request, and therefore, your parents are at the mercy of the CBP officer who will see their prior entry and will most likely ask about the extension request. 

[Attorney_22]

On 9/11/2020 at 1:02 PM, h1btransfer123 said:

Hello,

One of my friend has been laid off and out of job since Feb 2020 and applied for H1 transfer under normal processing in July applied for another H1 transfer in Sep thru another employer in PP...now the second h1 transfer got an RFE asking to prove 'maintenance of valid immigrant status'...what will be the best approach in this case to ensure the petition gets approved...thank you.. 

Due to the complicated nature of your question, it is best if you schedule a call with one of our H1B attorneys. 

[Follower]

Hello ,

I was working for Employer A  for 7 years and my 140 approved and moved Employed B for full time position and 140 approved again with employer B  worked for Employer B for 4 yeras . Recently was laid off from Employer B  , so moved back to Employer A ,who is processing my H1 now .  Does my "Employer A " again need to file Labour and 140 or old one still can be used ?

Edited September 16, 2020 by Follower
update

[SonofSun]

My PERM process is still pending applied in May 2020, my visa ran out and a change of status to B2 was filed before the visa ran out. 

what is the probability of getting a 7th year H1B extn after the PERM and i-140 is approved?