When to leave US - H1B max out approaching in coronavirus

Hi Anil,
if we leave USA on the last day of the max out date or in grace period (with in 10days or use B VISA as temporary due to current COVID-19 situation) while waiting for perm processing - will there be any issue during VISA stamping in India or at port of entry while we come back to US.
my Perm Date : july 18 2020
Audit response Dec 5 2020
Maxout Date : April 9 2020
Based on the current situation can you please let me know what are the best options available .
Thanks in Advance.

There can be any issue with respect to your status. Visa officer will expect a legitimate reason and you will need to produce documents to prove that why you overstayed.

If you think you cannot travel, collect all proofs and announcements made by governments and show them as a proof.

Thank you Anil for your response, I am preparing for the travel but I have a 3 year kid so thinking of timing of travel and if the situation is not getting better in terms of travel restrictions etc due to this COVID is it better to use grace period for few days or apply B VISA on the last day or before of Maxout . can you please let me know what are the best possible options.
thank you so much

I do not suggest to apply B1/B2 visa as it has high chances of denial.

You should talk to your attorney as they know more about your situation. Your employer should also be in agreement of you staying past your max out time.

Have you spoken to your employer?

I spoke with my Employer Legal and Attorney : due to current travel restrictions and state lockouts in India, Attorney is suggesting to take advantage of Grace period.

If not grace period, change to B status and can stay for few days until things get settled and travel back to India once things settled.

B status change they are suggesting as temporary only and attorney said it wont be stamped in my passport.

Attorney said during this grace period or B status change I am not authorized to work.
so I am not sure if I can use grace period or without grace period apply for B status and keep it ready and if things are not favoring for travel I can extend stay.

Can you please share your valuable thoughts.
Sorry to come back again and again on this but I am in this situation and need to travel back with family and 2 kids.

Legally, you can apply for B status and off-course, you cannot use it to work in USA as it is a visitor visa.

USCIS may or may not approve it in the end. Its their discretion.

If your attorney has suggested this path, then you take it as that’s your best bet backed by attorney.

Thank you Anil for your prompt response and guidance.
I am reaching out to Attorney’s again to discuss on this.

My current H1B is expiring on March 31st 2020 and my i-94 is expiring on 04/10/2020. I am currently looking for new employer that can extend my visa but due to covid-19 every interview i had is getting canceled or they freeze the position for a month or two.

Question: If i don’t find the employment in next week i need to leave the country before 04/10/2020 but as far as i know all international flight are landing in india are getting canceled and i would be out of status if i stay past april 10th. What should be done in this case.

Question: I already have b2 visa, can i cos to b2?

P.S. I had H1B approved for 10/2022 but my compny filed the chapter 11. So, i looked for another opportunity that is only till 03/31/2020.

Hi @bhumit2833

Attorneys are recommending to file H1B to B2 change of status if you cannot leave USA due to Coornavirus.

Thank you Anil. One more thing, Do i need to file it before March 31st (H1b end date) or April 10th ( i-94 date).

It is better to file before your h1B end date.

Hi Anil,

  1. My perm is still pending and max out is in another 1 month eg:Feb20 ,if i need to leave the country how many days before my maxout date .
  2. i’m working with X employer and Y employer filed my perm , i’m still working with X employer . can Y employer file my I-140 after my perm approved which is filed by Y Employer with out H1 transfer as feature employment and how long it’s valid.

Some people leave 1 week before and some leave 1 day before max out.

Many attorneys recommend 60 days. Rest is your choice.

Each Employer should have their own PERM to file i140.