Guestbook Entry for Ranjit Talasila , United States
Name
Ranjit Talasila
Country
United States
State
California
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What happens if you overstay your I-94
Question details
Parents came to the USA on a B-2 Visa in March 2021. I have requested an I-539 extension in August 2021 due to COVID and they stayed till Jan 2022. Eventually the extension got denied. Is this a problem?
FAQ Transcript
The government will say as one has overstayed their I-94, they will now be subject to section 222(g). If you overstay your I-94 the visa stamp on your passport is automatically canceled, so you have to apply for a new visa. For more details on this issue, visit my author page on The Economic Times.
Entering the U.S. on a visitor visa while green card is pending || qualifying for Visa Waiver Program (VWP) || Spouse visa through H-1, L-1, or O-1 || Any special visas for UK, EU, Singapore, Dubai or Australia
Question details
Have any rules changed regarding getting a spouse visa through H1, L1, or O1? Also is traveling on a tourist visa to the US after marriage not ok, with a pending GC application? Finally, does the US have any special agreements with the UK, EU, Singapore, Dubai or Australia for visas that may qualify in this scenario?
FAQ Transcript
Regarding the rules for getting a spouse visa through H-1 L-1 or O-1 nothing has changed.
It is certainly fine traveling with a tourist visa to the US after marriage, if you can convince the government that you are not going to break the laws which means staying in violation of your visa.
Regarding the US having any special agreements, there are only two kinds of visitor visas: regular ones and visa waiver or ESTA visa. There are special visas for example in Australia there is something called an E-3 visa which is very much like an H-1B and more or less a dual intent visa.
Layoff while on an H-1B visa - what if I cannot find a job in 60 days?
Question details
- I am on H1B VISA and was notified that my employment will end on January 20th. I am actively seeking new job opportunities. Can you please let me know what happens if I am still interviewing after 60 days and become out of status?
- Do I have any other options to change my VISA status before/after my employment is terminated and I fail to secure a job before the 60-day period is over?
- Does my VISA become invalid after the 60 days or can I still find a job and reactivate it if I get an offer after the 60-days?
FAQ Transcript
- You file for B-1 B-2 and you can do it online. You do not go out of status. Do it within 60 days.
- No, it does not.
- Talk to your lawyers. I think applying for tourist status is probably a good strategy.
Recording for February 23, 2023 Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Immigration Law
Discussion Topics:
FAQs: H-1B visa cap exemption - How does the 6-year rule work? || Will having EAD cards or petition approvals with gaps in the start and end date cause an issue?|| H-1B visa layoff options - Going to home country and applying for jobs, going through the lottery again, documents required to apply for a new visa to explain missing pay stubs and the contents of the documentation for termination contract sent by the company to the USCIS
I would highly recommend the Law Offices of Rajiv S. Khanna!!
They are extremely professional, methodical, thorough, and value for money because they get the job done!!
I was on a B1 visa originally and my H1B was approved but I did not receive the document. When I finally did after a year, there was no I-94. I had overstayed in the US and it was a totally mess because of a number of bad advices.
At that stage, I contacted the Law Offices of Rajiv S. Khanna. I got excellent service considering the fact that everything was done over the phone and via email. It was a pleasure to have had the services of Rajiv S. Khanna, Jitesh Malik, Anna Baker and Rena Waddell.
I thank them sincerely for resolving my issue.