On April 21, 2016, USCIS began allowing petitioners who filed Form I-129, Petition for a Nonimmigrant Worker, requesting an extension of status or change of employer to submit an inquiry after their petition has been pending for 210 days or more. This inquiry may be based on the petition being outside of normal processing times.
FAQ: Changing back to F-1 student status after filing for green card; I-94 given for duration shorter than entitled; H-1B amendment when change of cities; Impact of traveling while H-1 extension is pending; Birth certificate non-availability, affidavit; Changing jobs after I-140 approval; STEM OPT extension for consulting or staffing companies; Effect of divorce on an employment-based case and cross-chargeability; Transferring H-1 subject to cap, cap-gap extension; Remedy for denial of I-485 AOS; Sued by employer.
Other: Effect on relative petition if petitioner loses their green card; Revocation of I-140; Porting priority date; Changing jobs H-1 or EAD, converting from EAD to H-1; F-2 out of status converting to H-4; H-4 family traveling while H-1 extension is pending; CAP-GAP extension and drivers license; Effect of relocation to India during green card processing; Visa stamping for H-4 out of status, etc.
USCIS has received a sufficient number of petitions to reach the numerical limit (the “cap”) of 12,999 workers who may be issued CW-1 visas or otherwise provided with CW-1 status for Fiscal Year (FY) 2016. May 5, 2016 was the final receipt date for CW-1 worker petitions requesting an employment start date before October 1, 2016.
As of April 21, 2016, petitioners who filed Form I-129, Petition for a Nonimmigrant Worker, requesting an extension of stay or change of employer, can submit an inquiry after their petition has been pending for 210 days or more. Petitioners may now submit this inquiry online by selecting “case outside normal processing time.”
I got laid off on H1B in my previous company but found and started a job in a new company within a 60-day grace period. Again, the current company has provided a notice period for layoff. Will I get a 60-day grace period again this time?
How easy it is to get a B1/B2 to find a job after a layoff.
If you experience a layoff while on H-1B status, you receive a 60-day grace period. If you secure a new H-1B approval and face another layoff, you'll receive a fresh 60-day grace period. This applies to H-1B transfers and extensions. As for obtaining a B-1/B-2 visa for job searching after a layoff, while there's no official measure of difficulty, the approval rates appear to be consistently positive, with no reported denials.
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mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
FAQ: H-1B layoffs: 60-day grace period, visa options, and transitioning to study || Employer and agency verification requirements on the most recent I-94: Is this new note typical? || H-1B stamping delay and administrative processing in India: Payroll gaps, re-entry concerns, and expediting Options
Quotes and Excerpts from Rajiv in the article:
Quotes and Excerpts from Rajiv in the article:
Talking exclusively to the Times of India, Rajiv S. Khanna, immigration attorney said, "The Trump plan suggests no automatic citizenship for children born in the US. This is almost certainly a contravention of the 14th Amendment of the US Constitution. A Supreme Court judgement is available to counter Trump's misinterpretation. "
- H1B 60-day grace period starts on the date of getting notice of layoff from the employer, on the date of the severance paycheck, or on the last date of the regular paycheck?
- During H1B 60-day grace period, what is the best time to apply for B1/B2? When 30 days are left, 15 days are left, etc.?
- H1B is for 6-years of work, or 6-years total? I mean does unemployment time or B1/B2 time etc. also counts in 6-years of H1B?
- After layoff on H1B, if decided to go to school, then how to stay in US until getting admission decision and until school starts, that could take many months.
- After layoff on H1B, what is the better option to choose between B1/B2 and F-1?
The H-1B 60-day grace period starts the day after your last pay period or working day, whichever is later. It's best to apply for a B1/B2 visa around the 50th–55th day (depending on how you apply online or by email) if transitioning and an F-1 visa if planning to study. The grace period counts toward the H-1B six-year cap, but B-1/-B2 time does not. For detailed scenarios and advice, refer to the video.
I see the following new note on my Most Recent I-94 Results. Is this normal?
Note to employers, local, state, or federal agencies granting benefits:
Please visit the CBP I-94 Public Website and click on the tab for “Get Most Recent I-94” to perform a search for the applicant to confirm that the biographic and travel information displayed on this I-94 printout matches the “Get Most Recent I-94” returned results for this applicant.
While this is a new update, it seems routine and not a cause for concern.
I am reaching out on behalf of a friend who is currently facing challenges related to his H1B visa stamping process in India. He departed for India in August with an H1B Dropbox appointment scheduled for August 19th. On August 30th, he received a 221(g) notice requesting him to appear for an in-person interview. He attended this interview on September 3rd, where he responded to all the consulate’s inquiries. However, he was issued another 221(g) slip, stating that his case is now under administrative processing and that he will be notified once an update is available.
Since then, there has been no progress or further communication from the consulate.
My friend’s concern now is twofold:
1. Unpaid Leave and Payroll: Due to his company's policy, he is not permitted to work from India and has been on unpaid leave since August 15th, with his last payroll processed through this date. He is still formally employed, but he has had no payroll since then. If his H1B stamping is approved, will his re-entry to the U.S. be problematic, given the gap in payroll since August 15th? Additionally, is his H1B status still active, or could it be considered paused due to the lack of payroll?
2. Expediting the Process: Is there any way to expedite his case with the Chennai consulate, considering the indefinite delay he is currently facing?
If someone is stuck in India on a 221g for H-1B administrative processing, their reentry to the U.S. should not be problematic once their visa is stamped, even with a payroll gap. Employers are not required to pay while the employee is unable to work due to being abroad. Expediting a 221g is extremely rare, but the employer or lawyer can attempt to explain the urgency to the consulate. For detailed scenarios and advice, refer to the video.
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