Nothing has been announced yet. Can’t say if anything will be announced.
Will share if i get to hear anything.
Hi bob,
Im also going through the same situation right now .can you please call me @ 316-258-1822 to discuss further on next steps.
Thanks,
Harish
I’m also in same situation, my H1b got approved in consular process on 17th March 2020. But because of travel ban I’m not able to go India because of travel ban , is there any exceptions for who got the consular process on March? Is there anyway I can work legally? Please help me with suggestions.
There is no exception till today. USCIS has not announced any waivers.
If you do not have a valid H1B to keep working and can’t travel, attorneys are suggesting to file H1B to B2 COS to keep staying in US. Note that this suggestion is only valid if you have no option to leave US.
I H1b is approved and my extension of stay denied (because my Status broken few days in few years back). My attorney said I shouldn’t work until get my stamping. But I can stay 180 days in USA. Recently my attorney failed I-290B for motion to reconsider. Is this right way of handling?
They are saying you can stay 180 days because the automatic 3 year ban triggers on 181st day.
I don’t suggest to stay for 180 days as you will have to explain it on all future visa applications.
Rest is your choice.
You mean I can stay 180 days but if I stay more than that 3 years ban will start right?
That’s what your attorney has probably suggested. My opinion is different.
I didn’t get your opinion. Could you explain your opinion more clearly?
Please read this again:
Hi Anil,
I am also going through a similar situation and would like to get your help and guidance.
I received my H1B approval notice few weeks back and noticed that I got an I797B instead of I797A.
Currently, I am on H4 EAD which is valid until 12/31/2021. I am still working for the same client at the same location as mentioned in my LCA.
My H1B approval is valid from 2/19/2020 to 9/30/2020. But I was told that the H1B approval would need to be valid for at least 90 days the day that I undergo visa stamping. Since my approval is valid to September 30, 2020 I was asked to go for stamping at the earliest but not later than June 30th.
But due to current international travel restrictions and US consulate closure, I would like to get your expert advice on the following:
- In case the travel restriction are not lifted before June 30th or the visa stamping date is not available before June 30th, what are my options to activate my H1B?
- Can I apply for my extension beyond September 30th while staying in US and without going for the consular processing?
- For people who are affected due to the recent consulate closure, are there any grace period for them to get it stamped even beyond the expiration date?
Thanks a lot for all your help and guidance.
Hi @VRN
I am not aware of any such 90 day period. You can go for visa stamping as long as the H1B petition is valid on paper.
There is no extra time or exception available during Coronavirus.
You can apply for extension again and go for stamping once it is approved.
Thank you Anil.
“You can apply for extension again and go for stamping once it is approved.” - Do you mean to say that I can apply for extension now (without activating my H1B by going for stamping) and then go stamping after it is approved?
Thanks!
Yes, that’s the only option you have if you can’t go out for visa stamping.
Hi Anil
With Today’s executive order to ban H1B Visa holders who doesn’t visa stamped in passports.
I am in USA with Consular approval which needs Visa stamping done outside USA.
Do you think is there any option for me other than wait until the ban is over to go to stamping and enter USA ?
Please advise.
Thanks
Bob
Hi
I had a similar situation where I went beyond my 60 day work authorization window but timely filed for a change to b2.
When filing an h1b petition with my new employer, based on attorney’s suggestion, we requested a transfer claiming NPT and bridge, instead of consular processing because of the travel ban that was announced jun23rd.
My most recent I-797 approval notice from my previous employer has a date of dec 2020 ( which is the same as my last i94 record, however my last visa stamp is of feb2020).
I got an rfe today where they have completely ignored the npt claim stating my status as invalid for a transfer.
What would be the safest way to file a response to the rfe?
-
re-request the transfer as NPT asking to bridge the gap and include an alternative response of converting to consular incase they think the current scenario doesn’t qualify as NPT
-
purely filing it as consular processing and then file a change of status via the h1b amendment in order for me to start work without having to leave the US ?
How safe is option 2 and how would it work in my case?
Please advise.
Thanks!
What is your attorney saying about this RFE?
Seems like your attorney has completely ignored the B2 application which is currently pending.
You cannot start work by filing H1B amendment if the previous H1B was approved as ‘consular processing’ as the status does not change until the COS is actually approved.
I suggest to talk to a different lawyer to get a second opinion in your case.
My attorney is suggesting to respond to rfe re-requesting the (bridge+ NPT) and alternatively include a response for requesting consular processing incase they don’t consider the NPT request, i.e #1. He says the h1 amendment after consular is a also discretionary and has even lower chances of approval than the NPT.
@Akimbo Could you update us on what happened to your situation? I am going to be in the same situation a week from now. So your update might help. Thanks.