H-1b visa grace period [merged threads]

[Timona 3,970]

1 hour ago, sammyiee said:

Yeah I know, its so last minute as I was still waiting for my employer to file the petition on time and I was contemplating my choices and I am literally a day away from my stay expiring. I am so stressed I cant even begin to tell

 

You have to leave. So, if you can't get out to Kathmandu before the 10th, get the next available flight out to a suitable destination Mexico, Canada, India etc. Just make sure you're out before things come back to bite. 

[sammyiee 1]

6 minutes ago, Timona said:

 

You have to leave. So, if you can't get out to Kathmandu before the 10th, get the next available flight out to a suitable destination Mexico, Canada, India etc. Just make sure you're out before things come back to bite. 

I think as long as I get out of the US by 10th, I should be fine, doesn't matter when I reach.

[arken 4,197]

2 hours ago, sammyiee said:

Do you know what the wait times for H-1b visa interview is in Nepal since you're from Nepal? Also, I think I qualify for a visa interview waiver, I am wondering if that would make things any easier.

Not exactly sure on H1b, it shows around 3 months for student visas. I'd still expect at least 2 months. Interview waiver is a possibility which will reduce the overall time for sure.
 

 

2 hours ago, sammyiee said:

I don't have an expiry date on my I-94 so technically, I have 60 days as my grace period for legal status.

What do you mean you don't have an expiry date on i94. Unlike the student status, any h1b should have the expiry date on i94 whether it's through CBP or through Uscis within the US. What's there on your i94 exactly?

 

 

Quote

Some lawyers suggested me to apply for a bridge visa or apply for the change of status but it involves risk.

You could technically apply online for COS to B2 that will allow you to stay in the US while it's processed. With up to 1 year or more of processing time for B2, it will very likely be denied at that time. You new H1b cannot be approved until B2 is approved. So you will likely accrue months of unlawful presence through that way. 

At this hour, leaving the US asap is the only choice. How long it takes for visa interview or how long it takes for your employer to file lca then h1b are secondary things atm.

 

[sammyiee 1]

6 minutes ago, arken said:

Not exactly sure on H1b, it shows around 3 months for student visas. I'd still expect at least 2 months. Interview waiver is a possibility which will reduce the overall time for sure.
 

 

What do you mean you don't have an expiry date on i94. Unlike the student status, any h1b should have the expiry date on i94 whether it's through CBP or through Uscis within the US. What's there on your i94 exactly?--- It says D/S, on my previous H-1b the expiry date was for the year 2024.

 

 

You could technically apply online for COS to B2 that will allow you to stay in the US while it's processed. With up to 1 year or more of processing time for B2, it will very likely be denied at that time. You new H1b cannot be approved until B2 is approved. So you will likely accrue months of unlawful presence through that way. -- I wouldn't have an "Unlawful status", i would just not have a status. Yes, this involves risk I understand.

At this hour, leaving the US asap is the only choice. How long it takes for visa interview or how long it takes for your employer to file lca then h1b are secondary things atm.-- I am only worried if I leave the US now, and the H-1b doesn't get approved, I have to think from that perspective as well.

 

 

[sammyiee 1]

Okay so I bit the bullet and sent my I-539 CoS application today as I didn't feel going back was a reliant option. I took some insights from the lawyer and I am aware the risks attached from this step but I am letting it be as I wanted some mental space to think things through. One question though, does anyone know if submitting the petition online is the final step on the process? Does it automatically extend my time to remain in the US or do you receive some sort of a formal notice?

[Rocio0010 5,573]

My understanding is that you don’t always get a receipt, and if you do, it could be months down the road…

[Bajinga 136]

if you applied online, the receipt might already be under the documents tab so check their first. for I-539 that should be the final step, unless they send a RFE.  what status are you changing to?

[sammyiee 1]

1 minute ago, Bajinga said:

if you applied online, the receipt might already be under the documents tab so check their first. for I-539 that should be the final step, unless they send a RFE.  what status are you changing to?

Oh okay, then I have it. Does it extend my legal stay automatically then? Do you know? From H-1b to B-2, I was on a grace period which is ending Saturday.

[Bajinga 136]

yah,  you are under the period of authorized stay till the decision is made. keep the receipt with you in case you need to travel within the US.

Edited September 9, 2022 by Bajinga

[Bajinga 136]

the actual decision (approval or denial) will take many months, sometimes over a year. you will probably need to leave before it is approved to avoid accruing lawful presence. you mentioned having consulted a lawyer, I assume he already advised you of the risks. I hope you have a valid reason for COS and provided enough evidence as you already being in the H1 grace period might make it look like a desperate attempt to stay in the US, there will be scrutiny.

[Bajinga 136]

1 hour ago, Rocio0010 said:

My understanding is that you don’t always get a receipt, and if you do, it could be months down the road…

my understanding is that the receipt notice is usually immediate and does puts OP under the period of authorized stay. the actual decision on the application takes a while

[Timona 3,970]

18 minutes ago, Bajinga said:

my understanding is that the receipt notice is usually immediate and does puts OP under the period of authorized stay. the actual decision on the application takes a while

 

I don't think receipt notice gives you anything...she should have started the process long ago. USCIS don't care. I remember a few cases like this at the midst of COVID @Mike E @Crazy Cat @arken

[SalishSea 16,918]

5 minutes ago, Timona said:

 

I don't think receipt notice gives you anything...she should have started the process long ago. USCIS don't care. I remember a few cases like this at the midst of COVID @Mike E @Crazy Cat @arken

Exactly.  

[arken 4,197]

The B2 cos receipt notice does give you an authorized stay while it is being processed. It does not give you any status though unless it's approved. However it is taking more than a year to process it and the maximum it will allow you to stay is 6 months. You have to leave the US regardless within 6 months while it's pending. If you stay beyond 6 months and you get the approval for 6 months, any stays beyond 6 months will be considered overstay. If your B2 is denied and you are still in the US, the entire stay from Sep 11 will be considered overstay.
 

 If your employer files for H1B transfer while B2 cos is pending, your B2 has to be approved first before your h1b can be approved because you won't have any status to change it back to H1b when it's filed. You can't work for your new employer when H1B transfer is filed unlike usual H1B transfer where one can start work while it is processed. You don't have a valid status for H1B transfer while b2 is pending so you cannot work.

 

 

Edited September 9, 2022 by arken

[Bajinga 136]

33 minutes ago, Timona said:

 

I don't think receipt notice gives you anything...she should have started the process long ago. USCIS don't care. I remember a few cases like this at the midst of COVID @Mike E @Crazy Cat @arken

that is not correct. Although circumstances seem questionable with high chance of denial, actual approval probably would not matter either as it will likely come after OP would have already accrued unlawful presence. OP was allowed to file a COS until the H1B grace period ends. Filing a I-539 provides period of authorized stay till the decision is made.

Edited September 9, 2022 by Bajinga