Religious Worker Visa, premises still under construction
Video Transcript
As long as you have somebody who can start working soon, I think it could be accommodated. In this case I would have to review the law. FAQ in detail...
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Video Transcript
A lot of you who have been laid off can use this information to maintain status. Lets say you got laid off in your H-1B. The way the 60 day grace period works is, you are given either the time remaining on your I-94 or 60 days whichever is less. So if you have only 45 days on your I-94 you have got a 45 day period not a 60 day period.
As long as you file a B-1/B-2 application with the government within those 60 days or 45 days depending upon your situation I think you are going to be quite OK. But here is what you need to understand. When you file B-1/B-2 you will use the form I-539. You will prepare a cover letter to the government telling them the truth that you have been laid off unexpectedly in the times of coronavirus. You cannot travel outside the USA, finding another job is getting difficult, you have enough money to support yourself, you will not work illegally and you are asking for a six month stay on a B-1/B-2 status and that as soon as you are back on H-1B you will not start working until the H-1B is approved. So make these points with the government.
You can file the application online. While this application is pending you are not accruing unlawful presence. You are in an authorized period of stay. But here is one big point to remember. If you ask for six months your application is probably not going to be decided till about nine months. The last three months you would be accruing unlawful presence. So what you need to do is before the requested six month period is over if you have not found a job, apply for another extension even though the first one is still pending. Keep applying for further extensions until you need them no more.
But B-1/B-2 is a great way to maintain your status. Nobody can travel during this time, so obviously you have something pending with the government even if you are out of status. These are extraordinary circumstances the government should forgive you for being out of status and at some point either at the point of the fist B-1/B-2 or at the point of the second B-1/B-2 approve your B-1/B-2 therefore take away all your unlawful presence issues and if they don't that’s what the good lord made the courts for. Apply for a B-1/B-2. It is a very important way to do things.
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Implications of the 240 days grace period
Video Transcript
When you file your petition timely you have a 240 days grace period to continue working even after your current status expires. That is a very big advantage, but the problem is what if the government takes more than 240 days to adjudicate. While the case is pending you can work for only 240 days, but you can stay an unlimited amount of time in the United States as long as the case is pending.
In the context of an H-1B if you have filed for an extension to change you can continue working as long as the case is pending, but if you have filed for an extension without change, you have got 240 days. FAQ in detail...
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Watch the Video on this FAQ: B-1/B-2 visitors visa extension
Video Transcript
There should be no problem applying for extension in these circumstances. The important thing is to get the application filed. It is not that important to get it approved. Make sure he keeps proof of timely filing. FAQ in detail...
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Watch the Video on this FAQ: Effect of immigration proclamation/
executive order on green cards
Video Transcript
First of all it does not apply to people who are already in the United States. It impacts, only to the extent that they will not get the immigrant visa stamp on the passport for the next 60 days. FAQ in detail.
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Covid Coronavirus loss of job while in AOS I-485 period
Video Transcript
All you have to do is file a Supplement J with a new job offer. In the meantime, if you are not working and staying at home that’s fine because adjustment of status 180 days brings you to a point where you don't have to have a job you only have to have the offer of a same or similar job. If the supplement J is denied I guess you can file another Supplement J. I would probably file a motion to reopen if the I-485 is being denied with another Supplement J. FAQ in detail...
Covid Coronavirus changing H-1B home office location
Video Transcript
Changing location of work within the same geographical area is not a problem. Do remember to file your AR-11. FAQ in detail...
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Watch the Video on this FAQ: Covid Coronavirus Question from
Employers about Payroll for H-1B and others L-1, E, etc. employees
Video Transcript
If you look at the Department of Labor regulations they say that the employer cannot stop paying a salary or the right amount of salary for anything that the employer does. So if you don’t have a project that's your problem. If by law or by local order you cannot open offices and you cannot work, would you as an employer be allowed to pay a lesser salary and that might be something to look at because rather than laying off all the people that your concerned about I would have you to think about other alternatives. FAQ in detail...
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Covid Coronavirus Extension of B-1-B2 (tourist visas or business visas)
Video Transcript:
This is an extremely important question, applying for an extension of B-1/B-2 status while there is coronavirus epidemic happening. ABSOLUTELY apply for your B-1/B-2 extension. It should not be a problem and once you apply for it online using form I-539 it is received by the government. You don't have to step outside your house. Now specifically answering your question you can extend six months from June. So once the application is received your parents can continue to stay here while the application is pending. FAQ in detail...
Covid Coronavirus H-1B employee furlough's
Video Transcript:
First of all you haven’t lost status in my opinion because you can always claim with the government that you are maintaining status and the non-payment of the full salary is no fault of yours. I don't think you can do much during the coronavirus times. Don't worry about status. You have not done anything wrong and definitely you are not accruing unlawful presence. At the termination of this coronavirus period you can continue the same employment, but I would rather have you change employers and get another H-1 then file a complaint against the employer because they have to pay you a hundred percent of your wages. They cannot just pay you twenty percent. That’s illegal. FAQ in detail...
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EB-1C International Managers/Executive Green Card portability
Video Transcript:
1. Even if there were a substantial difference in the salaries I don't think it is a major issue. The requirement of the law is that the jobs must be same or similar. The idea that someting is similar presupposes that they are not the same. I don't think salary is going to be a problem.
2. As long as the roles and responsibilities are the same and you are performing substantially the same job duties I do not anticipate any problem.
3. Regarding documents don't do it yourself. Get a lawyer. You need to file supplement J and it is something that should be assessed by a lawyer before it is filed.
4. AC21 is good. Even if they cancel your I-140 it is not going to be a problem. Once I-140 is approved and it stayed pending for 180 days you are covered from every possible angle. In your case you are protected from every possible angle, even if the employer revokes the I-140. FAQ in detail...
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Loss of job/laid off during Covid/coronavirus times
Video Transcript:
First of all you are in a good situation because if you have a I-485 pending then you can continue to stay even if you lose your H-1B or L-1 or any status because I-485 allows you to stay here. EAD that comes with I-485 allows you to work here and advance parole that comes with the I-485 allows you to travel. Keep in mind that all these are additional benefits to being able to stay.
1. You have 60 days or the time remaing in on I-94 whichever is sorted so in this case probably 60 days.
2. It will not.
3. By the time you are ready to deal with the I-485 you should get another employment or at least an employment offer. More...
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Applying for tourist, visitors, B-1, B-2 to maintain status
Video Transcript:
B-1/B-2 is not a perfect solution, but it allows you to be in an authorized period of stay for up to six months. You can apply before the six months are over for another extension whether or not you get it as long as the case is pending it was timely filed you are not illegal. You do not accrue unlawful presence, but you cannot jump to another status for that you might have to go outside USA. But under the current environment, it is an good point to argue. FAQ in detail...
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Watch the Video on this FAQ: Effect of take over on L-1
Video Transcript:
The answer is Yes. Remember that the relationship between the companies acquired, acquiring branch and parent does not have to be one year old, only your work for a member of that group of companies must be one year outside the USA. FAQ in detail...
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Watch the Video on this FAQ: H1B visa holders during COVID
Video Transcript:
1. You can definitely take the state unemployment insurance if the state law allows.
2. I-94 expiration date is in one of the two places. If your most recent I-94 was issued upon international travel you can go online and print out a copy but if your most recent I-94 was issued within USA as a change of status you will need to get a copy of the approval notice at the bottom of which the I-94 is attached. Your lawyer should cut it out and give it to you. They are required by law to give it to you.
3. You cannot do that.
4. Reducing the number of hours is less objectionable.
5. They are taking a long time and they don't necessarily have to get approved the same time. Yes, there is likely to be a gap. FAQ in detail...
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Losing job after AOS I-485 interview
Video Transcript:
File for Supplement J if you already have a job. It may extend your green card processing time a little bit, but it is worth the wait. FAQ in detail...
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Watch the Video on this FAQ: I-140 revocation
Video Transcript:
You should file a Freedom of Information Act (FOIA) request online. You should be able to file and ask for all immigration related documents relevant to your case. They should be able to give you any documents that can prove that your I-140 was approved. Remember, even without the proof you should be entitled to almost all the benefits because the I-140 is the employer's case and you may not have a copy of the approval but you are the beneficiary of that case so the government should cooperate.
If you do not have an issue with extension beyond six years you are fine. Even if they revoke your I-140 one day after your I-140 approval, they cannot take away your priority date. That can be transferred to another new green card. If they don't revoke the I-140 or if they revoke it after 180 days your spouse will be entitled to H-4 EAD. But if they revoke it before the 180 days then both you and your spouse will have to wait until your second I-140 to a new employer is approved. FAQ in detail...
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Watch the Video on this FAQ: Student on OPT during Covid 19
Video Transcript:
Please check the websites ICE (SEVP) , USCIS and NAFSA for frequently asked questions related to your issue. Also if they have a foreign office or an office in your country you can work for them.
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Transfer of H-1B while extension is pending
Video Transcript:
Yes you can. You can join company B but if the case is denied you will have to go outside the USA for visa stamping. FAQ in detail...
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What to do after an H-1B (or L-1) denial
Video Transcript:
The fact is that you are accruing unlawful presence beginning February 20th. So if you stay in the US 180 days after that you will be barred from entering the USA for 3 years. FAQ in detail...
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