I am sure that you will be allowed to enter India if you have to go given that you (parent) is an Indian citizen.
India has not blocked entry from US for Indian citizens at this time. So, you can go back.
USCIS may or may not consider this as an excuse to stay back in USA.
Note that if you do decide to stay longer than 2 weeks in case of H1B denial, you should collect and keep all the proofs of government notifications that made you stay back. USCIS will only consider the written proofs in future when you file your extensions.
At the time of this writing, USA & Canada OCI holders are allowed in India if they can get a new visa from Indian embassy.
What’s your take on Special Situations | USCIS.
Can a person apply h1b extension again if h1b denied and I94 already expired . USCIS seems to be allowing it in special condition. Also now India is not allowing any foreign commercial flight from Mar 22nd for 1 week.
When applying for an extension or change of status due to a special situation that prevented your planned and timely departure, we may take into consideration how the special situation prevented your departure. If you do not apply for the extension or change of status before your authorized period of admission expires, we may excuse the delay if it was due to extraordinary circumstances beyond your control.
Im in the same situation. Did you travel back to India? My case is
My H1B extension was applied on 08/12/2019 (normal processing based on approved I140) with i94 expiry was 10/06/2019.
Result status updated to DENIED on 03/20/2020. Now I cant leave the US due to Covid-19 pandemic and No flights allowed into Home Country.
Can I try and file i539 COS to B2 and will it help to make my stay legal?how long before does the decision arrive?
ii) Can we file H1B extension under nunc tunc pro explaining that I cannot leave country due to extraordinary situation and does it cover stay legally ?
iii) Can we file MTR for the existing denial as the reasoning for denial can be contested with justification.
iv) Irrespective of whether we go with any one of the above options, can we file another new H1B Cap Exempt (same role) independently as consular processing without waiting on the decision of above?
No need to file b2 or i 539 if your visa got denied and you can’t leave country. Out of status starts from the date of denial. You have 180 days to leave. You are safe. If you file i 539 ($370+$85) ; you are not going to get decision before you leave. Right now this does look like waste of money. Better try to leave before 180 days from date of denial once the situation calms down.
Thanks for the clarification. Do you have any post related for how to file b2 visa online using I539 change of status scenario.Also what would be the date of “out of status” the denial notice date or the date when the notice was received physically?