Loss of H-1B Job and Opting for B-2 Visa
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.
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.
I have worked with Mr. Khanna' Law Firm for over 12 years now, in many ways, either through having my questions answered (when I was still a student), to getting my work visa done, or most recently, for visitor' visa inquiries / clarifications. Mr. Khanna and his team, have ALWAYS provided me with their valuable time and advice very graciously. Their 15 minutes of a conference call time to answer / address a question / issue, mean a lot to people who are on the receiving end. While there are many Lawyers / Attorneys who provide such services to their communities, I hardly know of ANY Law Firm who do so regularly, have done so for many, many years, and will continue to provide such services even in the future, including to those who are NOT their clients. There could be many instances when an individual is not able to pay the consultation fees. If it is not an abuse of his time and a genuine, sincere request has been made, Mr. Khanna and team WILL work out a way to provide those consultation services free of cost. Why so? Because, this is THEIR PASSION, ... to help people in the community. I personally admire this gesture and professionalism.
Very recently, I had specific and some general questions regarding B-2 visa RFE's for my Mother, who has been here under medical and humanitarian grounds, for quite a few years . This being the 2nd RFE that I have received, put me into some worries, questioning the Agency' motives as to why such RFE' after so long when all the required documents were handed to USCIS each time the application/petition was sent for a renewal. Clearly the Agency wants to get a clear picture about my Mother' health condition, and the costs associated with that and who is paying for her support so that she doesn't become a public burden. Her health condition doesn't allow for her to travel and the notion of her separation from me, due of the care that I give to her, makes her physical condition worse. Not to mention, that the most recent economic downturn has put me into some dire situations, conditions to provide for medical support. She did receive state' help for her medical expenses recently. I'm worried for this situation, which I wasn't earlier. It was for this reason, I contacted Mr. Khanna, and he provided me with his valuable answers, the best approach to answer such RFE, and what to do next.
I CANNOT thank Mr. Khanna and his whole team much. It was so nice to have talked with Rena W. after many years, and to know that some of the team members, like Ana B. with whom I had worked earlier, are still there, providing their excellent services.
I was first referred to Mr. Khanna by one of my friends, who also got his work visa and permanent residency done through Mr. Khanna. I can certainly refer anyone, to Mr. Khanna' Immigration Offices, to receive excellent and prompt services, anytime, without any hesitation.
Thank you for all that you do, for the community and its people. My very best wishes.