L1B period maxout options in COVID situtaion

[Rahul86s 0]

I am L1B visa holder and completing 5 years stay on May,15th in USA. I have I94 valid until Mar 2021. As per the guidelines L1B period is 5 years (3+2), however USCIS granted me 3 years extension instead of 2.

My question is- what are my options to extend ( 1~ 2 months ) my stay and work permit beyond May 15 in current COVID situations? 

Per USCIS instructions for special-situations-

• Submit extension- which is most likely  not an option for me as I am completing 5 years of L1B.
• Submit Change of Status (COS)- if I consider COS to B2 then I will loose my employment, insurance and other benefits. Can I submit I-129 along with COS to extend work permit?
• Or since I have valid I94 until next year so would it be legal to stay and work beyond 5 years in current special situations?

I have tried reaching USCIS help line, travel(.)gov, nothing helped. Any suggestions on this would be greatly appreciated. 

[designguy 1,179]

When does your work authorization expire?   What is stopping you from returning home? Almost every country is repatriating their citizens

Edited April 20, 2020 by designguy

[Rahul86s 0]

11 hours ago, designguy said:

When does your work authorization expire?   What is stopping you from returning home? Almost every country is repatriating their citizens

It’s ending on 15 May. Regarding your travel suggestion- it’s 28+ hrs flight including 3 stops to my home country and I am with family and child. I definitely don’t want to risk my entire family life. My home country is on lockdown and there are no travel options from port of entry to home city. Also, I am here since 5 years and moving permanently so have to windup entire household, sell or move to cold storage which expose me to many people and more risk etc.

Edited April 20, 2020 by Rahul86s

[designguy 1,179]

1 hour ago, Rahul86s said:

It’s ending on 15 May. Regarding your travel suggestion- it’s 28+ hrs flight including 3 stops to my home country and I am with family and child. I definitely don’t want to risk my entire family life. My home country is on lockdown and there are no travel options from port of entry to home city. Also, I am here since 5 years and moving permanently so have to windup entire household, sell or move to cold storage which expose me to many people and more risk etc.

But you knew that your work authorization was ending. When this happens people usually plan ahead and dont leave the day it expires. The chance of an extension is slim and on what grounds would it be granted as the corona virus is not one? Even if you filed now, it would take many many months for it to be approved so even if you had ground to extend, you probably wouldnt receive the authorization for 5-6 months at minimum. 

 

Sometimes there arent always easy answers. The only thing that would come to mind is if your company would sponsor your for an E visa (your PD would have to be current) or if you have the funds and from en eligible country to do an E2, keep in mind though that USCIS has suspended premium processing so you wouldnt get an answer for that for a long time.

 

If I were you i would make plans to stop work by the time the work authorization expires, otherwise getting a visa in the future will be very problematic

[Rahul86s 0]

40 minutes ago, designguy said:

But you knew that your work authorization was ending. When this happens people usually plan ahead and dont leave the day it expires. The chance of an extension is slim and on what grounds would it be granted as the corona virus is not one? Even if you filed now, it would take many many months for it to be approved so even if you had ground to extend, you probably wouldnt receive the authorization for 5-6 months at minimum. 

 

Sometimes there arent always easy answers. The only thing that would come to mind is if your company would sponsor your for an E visa (your PD would have to be current) or if you have the funds and from en eligible country to do an E2, keep in mind though that USCIS has suspended premium processing so you wouldnt get an answer for that for a long time.

 

If I were you i would make plans to stop work by the time the work authorization expires, otherwise getting a visa in the future will be very problematic

Thank you for your response. Certainly it gives me some clarity... Agree, in ideal circumstances everyone would have planned and execute it; so I did. But, It isn't working for me due obvious reasons out there. Even nations including USA have failed in planning COVID. Well, I wouldn't deviate from main question. thanks again.

[Boiler 43,804]

Maybe adjust to a B2, by the time the process it either way things should be clear and you can go home.

[SusieQQQ 11,585]

13 minutes ago, Boiler said:

Maybe adjust to a B2, by the time the process it either way things should be clear and you can go home.

(Change rather than adjust, technically)

yep, even though OP will go out of status after the i94 expires he won’t be accruing unlawful presence while the application is pending. The processing/decisions generally take 4-6 months, so this route should give OP time to wrap things up and depart when travel starts up again .... which I’d suggest doing as soon as practicable as tbh I think there is a fairly high chance of denial to change to B2. Make sure you withdraw the application when you leave and keep records of both the change of status application and your departure from the US, they will likely be asked for for any future non immigrant visa you apply for. 

[gxbriceno 0]

HI @Rahul86s  I’m kinda in the same pickle that you are, my L1-B expires at the end of the month, the only difference is that I got married to a US Citizen last year, which allows me to stay, at least while my AOS is on the works, however I’m really close to lose my job since I haven’t received my EAD, I contacted my HR Dept. and since the visa was already extended (3 + 2) there’s nothing that they can do. I’m not sure if you can file for an extension, I know the L1-B visa doesn’t allows that, in theory, but giving the circumstances, who knows..... What probably will play against you is that some Airlines are starting to schedule some of their flights.

Anyway Good luck

 

[Boiler 43,804]

I can not think of why an extension would be allowed. You can expedite EAD.