Immigration Related Issues of COVID-19 Continued

[Attorney_22]

This week, Murthy Law Firm attorneys will answer questions regarding how COVID-19 is affecting immigration processes.  

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[SusanN]

Hi,

Does temporary travel outside the United States affect my legal permanent resident status? A general guide used is whether you have been absent from the United States for more than a year. As a result of Covid-19 is this relaxed or still set to 1 year limit for temporary travel outside the United States?

Thanks

[ravi321]

Hi ,

My H1B Visa is maxing out by 4/30/2020.I am unable to travel back to India with family due to COVID-19 travel ban to India. I came across the USCIS announcement about filing extensions due to COVID-19 Delays in Extension/Change of Status Filings, is this announcement applicable to my situation.

https://www.uscis.gov/news/alerts/covid-19-delays-extensionchange-status-filings

What other option I have to stay in US until the COVID-19 situation is resolved.

[Attorney_22]

On 4/17/2020 at 9:29 AM, SusanN said:

Hi,

Does temporary travel outside the United States affect my legal permanent resident status? A general guide used is whether you have been absent from the United States for more than a year. As a result of Covid-19 is this relaxed or still set to 1 year limit for temporary travel outside the United States?

Thanks

The laws have not changed in this regard, either for six months but less than one year being a rebuttal presumption, or the presumed standard for one year or more. 

[Attorney_22]

On 4/17/2020 at 10:20 AM, ravi321 said:

Hi ,

My H1B Visa is maxing out by 4/30/2020.I am unable to travel back to India with family due to COVID-19 travel ban to India. I came across the USCIS announcement about filing extensions due to COVID-19 Delays in Extension/Change of Status Filings, is this announcement applicable to my situation.

https://www.uscis.gov/news/alerts/covid-19-delays-extensionchange-status-filings

What other option I have to stay in US until the COVID-19 situation is resolved.

You may have options, but there is not a provision for H1B extensions beyond the normal six year limitation due to COVID-19. It is advisable to speak with one of our attorney to discuss what options may be available to you.  

[abman]

My previous approved H1B visa expired in Aug 2019. My employer had filed  for an extension by May 2019. 

USCIS resposnded by Jan 2020 with an RFE. My employer submitted the RFE details to USCIS by mid Mar. My case status was changed to  "Response Received". Now that USCIS office is closed due to COVID19.

I have reached 240 days from the expiry of my last H1B. 

What are my options? 

[shar123]

Hi Team, 

I am on H1B and my visa is going to max out on 30 May. Due to COVID situation I will be submitting my change of status to B-2 application to USCIS. May I know

1. Till the time I don’t get receipt/approval from USCIS on my COS application will I be considered on H1b or B2 status? 
2. If I will be considered on H1 B status then will my I-140 be still continued as I have consumed all my 6 years in US? 
3. In case COS gets denied then what status I will be considered in time period I spent in US ? 
 

Thanks

[LL28940]

Hello,

My family's I-94 expires, based on H1 and H4, expires on June 2.  Today, May 14, H1 and H4 extension applications were delivered, together, for me and my family today to USCIS.

I've heard that USCIS is taking up to 3 weeks to issue Receipt Notice.

If neither Receipt Notice nor Approval is received by June 2:

* am I considered out of status, June 3 onwards until Receipt Notice / Approval is recevied?

* I won't be able to leave the country due to travel restrictions, even if I had to.  Would that be considered unauthorized stay?

Edited May 14, 2020 by LL28940
clarified question

[dapad]

Hello, please throw light on how many days can a H1B employee work from home in a calendar year. I do stay within 2 miles from office whose address is listed in LCA. I have been working from home for about a month and a half due to the pandemic. I would like to continue working from home for safety reasons and would like to know what it takes to do so. Is there any amendment done to the remote working rules due to COVID-19? If yes, it would be great if you could direct me to USCIS or DHS website that talks about the amendment.

Thanks