If someone’s H-1B petition is denied or fired by the employer and has US-born minor kid. What are the options available during current US and India border restrictions considering Coronavirus outbreak? How long the primary applicant and family can stay in the United States, given current circumst…

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 dec…

Hi Anil, What’s your take on Immigration Relief in Emergencies or Unforeseen Circumstances | 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 M…

It is better to talk to your Employer’s attorney and see if they can create a case for you based on special condition. But, in the end, it all depends on USCIS and they have NOT announced anything specific for visa holders yet. Lot of Attorneys have requested USCIS to give out some relief but ther…

As per the link I shared ; it is stating below. Extensions and Changes of Status 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 …

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 a…

Hi @madhupriya20 The only option to keep staying in US after a denial and i94 expiry at this time is to file a B2 visa . USCIS may or may not approve B2 based on current Coronavirus travel issues. You can file MTR but chances of its approval will depend on the reason for current denial. Nunc Pro …

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. Be…

Hi @mkumar Please do not suggest something that’s not legal. You are essentially asking them to keep adding unlawful presence time and leave before 180 days just because the automatic entry ban triggers on 181 day mark. I strongly suggest to file B2 visa so that you have a valid explanation when …

Due to covid-19 , nobody is able to fly back. Which is a legit reason to stay, should be able to defend the case based on that. Filing b2 is also just an option and doesn’t guarantee anything.

Depending is possible only if you take any legitimate action like filing for another type of legal visa. Simply waiting may not help.

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Return to India - H-1B petition is denied or fired by the employer - has US-born minor kid?

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