B-2 Visa
Effect of B-2/B-1 Extensions
Applying for green card while on a B-1 or B-2 visa
The following FAQ should cover the issues.
March 30, 2024, Rajiv in QnA session on behalf of students, young professionals
Immigration.com
Nonimmigrant Visas
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Recording for March 28, 2024 Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Discussion Topics:
FAQs: Staying outside the US on Re-Entry Permit Validity, Usage, and Multiple Entries for Green Card Holders || Unemployment Benefits for H-4 + EAD Holders with Previous H-1B employment
Feb 24, 2024, Rajiv in QnA session on behalf of students, young professionals
Immigration.com
Nonimmigrant Visas
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Recording for February 01, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Green Card
FAQ: What is the path for an entrepreneur from STEM OPT or H-1B?
H-1B lay off 60 days grace, options including B-1/B-2, approved I-140, Severance pay
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?
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
Nonimmigrant Visas
Green Card
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