Jan 7, 2021 Recording of Free Community Conference Call (Every Other Thursday)

Immigration Law

Green Card

Substantial transcription for video

Discussion Topics, Jan 7, 2021

FAQ: Visitor, Tourist, B-2 visa extensions and multiple extensions

Other Topics : 180 Day Portability Rule || Dependent Numbers Effects on Per-country Numerical Limitation for Employment-based Immigrant Visas || Advance Parole Impact on H-1B and H4 status || Consequences of Leaving U.S. with Expired L2 Visa and Expired L2 EAD while I-539 and I-765 Petitions are Pending ||Visitor Visa Extension for Parent with Expired 1-94 and at High Risk for COVID || Determining Whether H-1 Petition was Revoked by H-1 Sponsor || Starting a New Business After I-140 Approval While on H-1B Visa || Citizenship Process and Request for Diversity Files from 2001 || Impact of Advanced Parole on H-1B Parents/H4 Children While AOS Pending || Regarding Return Ticket for B2 Visiting Visa Extension || H-1B and I-94 Expired in Dec. H-1B Extension Pending. Impacts if a New Employer Files H-1B Premium Processing || Follow up: AOS, Consular Processing Delay: "Administrative Processing"

Dec 17, 2020 Recording of Free Community Conference Call (Every Other Thursday)

Immigration Law

Substantial transcription for video

Discussion Topics, Dec 17 Community Call

FAQs: Pending I-485 Petitions and 180 Day Portability Rule || Supplement J timing and joining previous Employer || Eligibility for and the process of EB-3 to EB-2 Porting || Job Change after I-140 Approval, Before I-485 Submission |||| Loss of H-1B Job and Opting for B-2 Visa || Delay litigation/Mandamus

Other Topics : CSPA (Child Status Protection Act) Age Calculation and Updating DS-260 Immigrant Visa Electronic Application || H-1B and Green Card Process with a Payroll Issue || Permits for Dependents with SOFA (Status Of Forces Agreements) Status || Moving from Canada to the USA with L-1 Visa || Advance Parole and EAD Renewal Applications || H-1B Petition was Approved, but the Extension of Stay Denied || Per-Country Quota Limitation for Employment-based Immigrant Act || H-4 Litigation and H-4 EAD Application Pending

Visitor, Tourist, B-2 visa extensions and multiple extensions

Question details

My Mother-in-law arrived in the USA on Feb 19th, 2020 on visitor visa (B2), her initial plan was to stay till Aug 11th 2020 but due to covid-19 and travel ban we have applied extension for another 6 months - Feb 4th, 2021 on June 19th, 2020. Her case status is still under processing("Case Was Received") even though she is getting close to the end of first extension. Since she is over 62 and belongs to high-risk traveler category(with pre-existing conditions), we would like to extend her stay for another 6 months, mostly till June 2021. Her authorized stay(I-94) expired on 8/18/2020
<br>

1) Can we apply the second extension for another 6 months while her first extension is in processing, if yes, what is the process?<br>

2) Can she stay in the US even after Feb 4th (first application requested end-date) while the application is being processed, will this be considered overstay?<br>

3) What happens if my mother in law leaves before biometrics appointment?<br>

4) if rejected, how soon do we have to leave the US and will the stay from I-94 is considered as overstay?<br>

5) Staying beyond 1 yr has any impact on future visits?

Watch the Video on this FAQ: Visitor, Tourist, B-2 visa extensions and multiple extensions

Video Transcript:

This FAQ has become such a problem for people. Answering to the question:

1. Yes, you can.

2. Yes, she can.

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.

Delay litigation/Mandamus

Question details

I am on H1B and we applied H1B renewal and H4 and H4 EAD for my wife which is pending , my wife company is ready to apply H1 (she already used her H1 before from 2013 to 2016) , just wondering what will happen to her H4/H4 EAD application which is pending to USCIS right now ? I am hearing lot about litigation for H4 , are you filing litigation if needed ? If so what is success rate ?

Watch the Video on this FAQ: Delay litigation/Mandamus

Video Transcript

Delay litigations are highly useful, but not in all cases. FAQ in detail...

 

 

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 H-1B Job and Opting for B-2 Visa

Question details

1) I lost my job almost 6 months ago. I was on H1B with I-140 approved. I filed for a change of status to B2 (not approved yet). Now I have to extend again since I wasn't able to find a job and cannot move out of the USA right now.
How long/many times can one extend a B2 under the given circumstances?<br>

2) If for whatever reason say the original B2 petition filed in July gets denied do I get illegal presence for all these months from July? How long(days/weeks) does a person has to leave the country in this case?
<br>
3) Any suggestion on what steps to take if USCIS does not approve COS from B2 (pending) to H1b but processes as consular processing. I am a Canadian resident but I heard only emergency visa appointments are available.

Watch the Video on this FAQ: Loss of H-1B Job and Opting for B-2 Visa

Video Transcript

1. Until the B-2 is denied you could try to keep getting it extended.

2. No, as long as a timely filed B-2 was pending you have no unlawful presence.

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.