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?

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April 30, 2020, Recording of Free Community Conference Call (Every Other Thursday)

Immigration Law

Substantial transcription for video

FAQs:

-B-1/B-2 visitors visa extension

-Effect of immigration proclamation/executive order on green cards

-H-1B furlough or temporary lay off

-Implications of the 240 days grace period

-I-485 pending laid off/AC21/Supplement J

Other topics of discussion:

-Public charge rule

-H-1-H4-H4 EAD extension concurrently

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?

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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.

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Covid Coronavirus Extension of B-1-B2 (tourist visas or business visas)

Question details

My parents are here in US on B1/B2 visitor visa and their I-94 expires on June 5th. With the current Covid Situation, I feel it's risky to send older parents back to India. I would like to know if I can apply for extension of stay based on this situation? USCIS will consider this kind of pandemic situation in to account for extension? If I can apply extension how soon I should do and how long I can extend ( can do 6 months)?

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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





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EB-1C International Managers/Executive Green Card portability

Question details

1. I work for an MNC, who filed my GC in EB1C, I-140 approved 2 years back, I-485 filed almost 2 years back, completed I-485 interview an year back, also holds a renewed EAD/AP card. My company laid off me recently, so my L1-A will soon get invalid. I got an offer from another company in similar role and responsibilities (SOC code: 113021), so planning to move using AC21 portability. However, my first employer was in e-commerce, whereas new employer in banking domain. So, my new job offer compensation will be 10% less than the salary mentioned in my I-140/I-485 by my current employer.

2. My case is genuine as my current employer is laying off and my role got impacted, with Coronavurus pandemic, it's difficult to find new jobs. Though the roles and responsibilities (role as people manager) will be same, but domain and industry are different and hence, salaries will be different in different industries.

3. Within how months should we file I-485J and what documents do I need to provide to my new employer when joining the company?

4. By the way, my current employer suggested to use AC21 portability to move to any new employer and confirmed that they wont cancel my I-140.

FAQ Transcript





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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





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