Covid - Coronavirus

May 14, 2020 Recording of Free Community Conference Call (Every Other Thursday)

Immigration Law

Substantial transcription for video

FAQs: 

- Covid Coronavirus: H-B during Covid, H-1B not sure if I am laid off, LCA/H-1B amendments, and travel during H-1B 

- H-1B start own business or invest

- Promotion after getting the green card

- Extraordinary circumstance EAD

- Extension of tourist stay during Covid

- H-1B delayed entry

Covid Coronavirus loss of job while in AOS I-485 period

Question details

What happens if somebody on H1B loses job while in AOS ( interview done)? Can he/she be without job for an extended period of time? Does the status change to AOS automatically? Have you seen a rejection in I-485J that’s filed after change of employment under a SOC code that’s not same as earlier SOC code but Job Description is similar? What happens if I-485J is denied? Does USCIS allow a new I-485J to be filed?

FAQ Transcript





Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Covid Coronavirus changing H-1B home office location

Question details

I recently got approval for Work From Home, from my client. So my work location will be my home. My H1B Amendment is filed. Because of situation, I have to change my home i.e work location, within same MSA. Also, if we can change the house, just updating AR-11 will suffice?

FAQ Transcript





Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Covid Coronavirus Question from Employers about Payroll for H-1B and others L-1, E, etc. employees

Question details

We are looking at various measures of safety and expense control. First and foremost everyone is working from home for their on safety and wellness. For expense control one idea that we were discussing was a potential pay rate reduction for a short period of time.

FAQ Transcript





Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Covid Coronavirus H-1B employee furlough's impact on green card and H-1B

Question details

I currently have an approved I-140 with my former employer which is past 180 days. I'm on my H1b (exp May 2021) with my current employer, now my current employer has furloughed me for 90 days and asked to return to work after the furlough period. During this time I'll be paid 20% of my salary or could use my PTO (200 Hours). What options do I have to maintain my status during the furlough period? Can I take paid/unpaid leave and go back towork for the same employer or do I need to find a new job?

FAQ Transcript





Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Loss of job/laid off during Covid/Coronavirus times

Question details

I lost job and my last date of employment with the employer is March 20, 2020. This employer sponsored H1B and also had ported GC AOS in 2018.:

1. After my last date of employment (March 20, 2020), how much time do I have to transfer H1B and I-487 to a new employer?

2. Will losing the job affect the EAD renewal in processing?

3. How would it affect I-487 application, which can become current any time soon?

FAQ Transcript





Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

H-1B visa holders during COVID

Question details

1. Is H-1B visa holder eligible for unemployment only if laid off or even furloughed? if yes, how do we know that we are eligible?

2. Where can I check my i-94 expiration date?

3. If I now have to change from H1 to B2 due to furlough, and if I have to return back to work later with the same employer, should i have to go out of the country to change back to H1?

4. What are the effects to my H1b if I have to chose using PTO or unpaid leave or combination of both, or if I have to work just 20hrs/week?

5. If I have to apply for a H4 and an EAD, do both of them get approved at the same time? I am asking this because I wanted to know if there could be a gap in my employment after I switch from H1 to H4 waiting for EAD.

FAQ Transcript





Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Student on OPT during Covid 19

Question details

I graduated from UCLA in December 2019 and my OPT started on February 10th. I was supposed to start working on March 30 in Los Angeles and I was scheduled to travel back to US from India on 28th March. But due to the travel restrictions, my flight got cancelled and I am unable to travel back. When my employer found out about this, they pushed my start date ahead to end of April because I am not physically present in the US (they mentioned immigration laws don’t allow them to let someone start work overseas). I am now scheduled to travel at the end of April to be able to start work else I will run out of my 90 non working days leading to expiry of my visa.

FAQ Transcript





Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.