B-2 Change of Status Due to COVID-19


Attorney_22
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This week, Murthy Law Firm attorneys will answer questions regarding changes of status to B-2 due to complications caused by the COVID-19 pandemic.

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On 5/21/2020 at 4:48 PM, Attorney_22 said:

This week, Murthy Law Firm attorneys will answer questions regarding changes of status to B-2 due to complications caused by the COVID-19 pandemic.

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.

Me and wife entered USA on B2 Visa on 01/30/2020. We are not sure if flights back to India will resume before expiry of our entry valid till 07/29/2020. How can we request for extension and chances of its approval

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On 5/21/2020 at 10:11 PM, inconsistency said:

Can one mention the need for extended time looking for employment opportunity beyond the 60 days grace period in the B-2 COS application after layoff? Is this a legitimate need? Or will USCIS deny such applications based on incompatibility with the intent of B-2 visa?

As in life, it is often not what you say, but how you say it. Therefore, a B2 COS due to layoff may be acceptable in this environment, but how you explain the request may make all the difference. We have attorneys working on such applications, and therefore, it may be worth your time speaking to one of them.  

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On 5/23/2020 at 1:56 PM, Mow57 said:

Me and wife entered USA on B2 Visa on 01/30/2020. We are not sure if flights back to India will resume before expiry of our entry valid till 07/29/2020. How can we request for extension and chances of its approval

If there are still travel restrictions that prevent you from obtaining a flight back to your home country, USCIS should be considering those as positive factors for the approval. 

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  • 2 weeks later...

My H1B 6 years are completing on July 8,2020 although my i94 is expiring on Oct 6, 2020. Can i file B2 and stay on the basis of receipt in order to stay beyond 6 years since international travel is restricted due to COVID and i don't want to travel in repatriation flight. Also, my GC application is on prevailing wage stage. Can this change of status effect my GC process in future? Please advise.

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On 6/4/2020 at 6:34 PM, Pranjal Nalwade said:

My H1B 6 years are completing on July 8,2020 although my i94 is expiring on Oct 6, 2020. Can i file B2 and stay on the basis of receipt in order to stay beyond 6 years since international travel is restricted due to COVID and i don't want to travel in repatriation flight. Also, my GC application is on prevailing wage stage. Can this change of status effect my GC process in future? Please advise.

Yes, you can remain in the U.S. while the COS to B2 is pending. You will also want to confirm with your attorney that the period from July to October is not recapture time, if it is legitimate recapture time, the end of your H1B period is October and not July. Lastly, B2 status will not affect the labor certification process of the green card.  

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Hi 

My mother is here on B2 visa. As there were flying restrictions during April/May she could not travel back and we have filed for extension of her stay (waiting for approval). We have a few concerns. Can you please help us with the same.

1.  Till when can she be here before getting the approval ?

2.  How long will it take for the approval ?

3. Does she need to travel immediately if the travel ban is removed or can she wait to hear back from USCIS

4. Will there be issues during her next ?

Please provide your feedback on this.

 

Thank you

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