B-1 Visa

H-1B lay off 60 days grace, options including B-1/B-2, approved I-140, Severance pay

Question details

Many have asked this question before, but since rules and situations are always different, so here I go - I'm on H1B with an approved I-140.

A layoff recently impacted me - my last day on payroll is 10th Feb 2024. I will also receive a severance (lumpsum) within 75 days of Feb 10th. My questions are -

1) Given the market, it may take more than April 10th to finalize an offer and start the H1B transfer. What are the options ( if any ) to extend my stay beyond April 10th?

2) Many suggest applying for B1/B2 (I'm single, have no spouse to move to H4, etc), but I also hear if it's rejected then the time of my stay after April 10th will be an illegal presence, is that true?

3) Say I receive the severance lump sum on March 15th -- are the days from Feb 10th until March 15th counted on company payroll?

 

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FAQ Transcript

The grace period after a layoff begins after the last pay period ends, lasting either 60 days or the remaining time on the I-94, whichever is less. Options for extending stay legally include derivative visas (F-1, H-1, L-1), practical training, or applying for a tourist visa (B-1/B-2), with guidance for applying for a B-1/B-2 visa.

Regarding visa rejection misconceptions, rejecting a change of status application to B-1/B-2 within the 60-day grace period does not result in an illegal presence. However, applying after this period without legal counsel may lead to unlawful presence. As for lump sum severance pay, uncertainty exists regarding its classification as regular salary for visa purposes. It's recommended to base the 60-day grace period from the date of stopping work for legal safety.

 

Recording for January 18, 2024 Conference Call with Rajiv S. Khanna

Discussion Topics:

FAQ: H-1B lay off 60 days grace, options including B-1/B-2, approved I-140, Severance pay || Optimizing H-4 EAD options and bundling premium processing for H-1B and H-4 extensions || Implications of visa fraud by an employer on H-1B, L-1, green card, citizenship || Advantages of a National Interest Waiver, transitioning to EB-1, entrepreneurship, and H-4 employment for spouse

Recording for January 4, 2024 Conference Call with Rajiv S. Khanna

Discussion Topics, Thursday, January 04, 2024

FAQ: Holding two full-time IT jobs on H-4 EAD || Transitions From H-1B job loss to B-2 status and impact on future H-1B employment || NIW Criteria || H-1B laid off: grace period, last employment date, health insurance, and legal stay during change of employer

Converting from B visa to any other status such as H-1B, etc.

Question details

I have a valid B-1 visa and have traveled to the US recently in April 2023. Now my H1B petition has been approved, and I am eligible for Dropbox. My employer is telling me that if my case does not get approved in Dropbox, he is asking me to travel on B1 and then get the status converted to H1B. In my I-129, it was mentioned as a change of status, as my I-94 was valid when my H1B was approved. I wanted to know if there will be any issues with coming to the US on B1 and changing the status if they call me for an interview in Dropbox. Also, I want to know if it is possible to switch employers with an approved H1B petition before getting my visa stamped. If I change the employer, will it have any issues?

 

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FAQ Transcript

I strongly recommend against attempting to convert B-1 status to H-1B without approval. Additionally, changing employers without visa stamping may pose challenges according to government guidelines. However, we have a successful track record of handling such cases in practice. Always consult a lawyer.

 

Converting from B visa to any other status such as H-1B, etc.

Question details

I have a valid B-1 visa and have traveled to the US recently in April 2023. Now my H1B petition has been approved, and I am eligible for Dropbox. My employer is telling me that if my case does not get approved in Dropbox, he is asking me to travel on B1 and then get the status converted to H1B. In my I-129, it was mentioned as a change of status, as my I-94 was valid when my H1B was approved. I wanted to know if there will be any issues with coming to the US on B1 and changing the status if they call me for an interview in Dropbox. Also, I want to know if it is possible to switch employers with an approved H1B petition before getting my visa stamped. If I change the employer, will it have any issues?

 

Video URL
FAQ Transcript

I strongly recommend against attempting to convert B-1 status to H-1B without approval. Additionally, changing employers without visa stamping may pose challenges according to government guidelines. However, we have a successful track record of handling such cases in practice. Always consult a lawyer.

 

Delays in marriage-based immigrant visa processing: Expedite options and travel issues

Question details

My son-in-law was interviewed at the US Consulate in Frankfurt in May 2023 for a marriage-based immigrant visa. They have requested his CV with traveling details for further processing. His case has been in Administrative processing for well over 90 days. I have two questions:

1. Is anything can be done to expedite the process?

2. He has traveled to the US on a B1/B2 visa four times prior to his interview from Germany. Is there any problem with him traveling to the USA to visit his wife while his case is in Administrative processing?

 

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FAQ Transcript

Regarding his previous B1/B2 travel history to the U.S., there shouldn't be an issue with further travel while his case is in administrative processing. Although there's a slight possibility of being turned away at the airport, Customs and Border Protection usually treats spouses of U.S. citizens with consideration.

To avoid potential travel hassles, your son-in-law can clear U.S. immigration at Dublin Airport, which offers a more convenient option.

 

Job loss situation - Alternatives and return options for H-1B visa holders with approved I-140

Question details

I have an approved I-140 (Approved in Feb 2022) which is already 6 months past the approval date & my priority date is August 2020. I am currently on H1B visa where I have already completed my 1st 3 years and currently am on the 1st 3 year extension.

My question is :

1.If for any odd reason I lose my job in the US, and I am not able to find another job within the 60 days grace period, what alternatives do I have within the US and find a job (H4 is not an option for me currently) ? Would joining a consultancy be a safe option to stop accruing unlawful presence OR compelling circumstance EAD ?

2. If I decide that going to India is a better option and want to come back after some time to the US, would I be subject to the H1B lottery at any point in future if my 6 years of H1B is exhausted ? What information or documents are needed to assist for returning back to the US ?

 

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FAQ Transcript

1. B-1/B-2 is another option. Please visit the blog entry on this issue. One might consider refraining from joining a consultancy unless they have a specific project.Compelling Circumstances EAD is not that glamorous, the reason being that it takes a long time to process. 

2. You can, of course, stay here while it's being processed, and then it's only given for one year, requiring you to extend it annually if you go to India.  B-1/B-2 is reasonably a good option; all you need is a copy of your earlier H-1B approval notice, and that should be enough.