H1B visa extension pending (expiry may29th). Stuck in India due to pandemic

[javed.rizvi 0]

Hello,

My H1B visa is expiring on may 29th and I am stuck in my home country India due to pandemic. If I apply my Visa extension from India it would take 6-7 months to approve and I had to sell all my belongings sitting in India which is not easy. Can anyone suggest me a contact I can speak to regarding my case or if I can get any relief for my extension or any advises regarding this?

Thanks,
Javed

[Boiler 45,820]

I would talk to your Employer and the Lawyer handling your case.

[javed.rizvi 0]

Thank you for your reply. 

My employer suggested to file an extension from India which is not a feasible option for me. 

 

Considering the pandemic, I wanted to ask:

1)if there is any rule which allows me to apply for extension after expiry?

OR

2) If my VISA can be automatically extended by a month? (I read in one of the new paper that H1B Visa validity will be automatically extended by a month)

OR

3)If I apply my extension from India, am I allowed to travel to USA while my extension is in progress?

 

Thank you.

[SalishSea 18,012]

54 minutes ago, javed.rizvi said:

Thank you for your reply. 

My employer suggested to file an extension from India which is not a feasible option for me. 

 

Considering the pandemic, I wanted to ask:

1)if there is any rule which allows me to apply for extension after expiry?

OR

2) If my VISA can be automatically extended by a month? (I read in one of the new paper that H1B Visa validity will be automatically extended by a month)

OR

3)If I apply my extension from India, am I allowed to travel to USA while my extension is in progress?

 

Thank you.

There are no extensions for visas, as far as I know.  Your employer's lawyer (i.e. the person handling the H1B visas) should be able to help you request that it be reissued if it expires.

 

And no, you cannot travel to the US without a valid, current visa.

[Boiler 45,820]

Have you talked to the Lawyer?

[SusieQQQ 11,587]

Are you able to provisionally book a flight for, say, 27 or 28 May? 
according to google, you can. 

Edited April 16, 2020 by SusieQQQ

[xyz12345 260]

If I understand the post below, if you're applying for extension, you can apply for premium processing even right now. Apply for that and then apply for the visa over there, if it comes to that.

 

https://www.uscis.gov/news/alerts/uscis-announces-temporary-suspension-premium-processing-fy2021-cap-subject-petitions

At this time, premium processing remains available for H-1B petitions that are exempt from the cap, such as extension of stay requests.

Edited April 16, 2020 by xyz12345

[arken 4,197]

When did you go to India? If you H1 status is expiring on May 29, the extension should have already been filed several months before probably when you were in the US.

 

Now what is done is done. As others have said, have your employer file for the extension with premium processing. If India allows travel before your current status is up, you can come to US otherwise you will need to appear for the interview with your approved extension, get new h1b visa and enter US.

[cd37 229]

4 hours ago, xyz12345 said:

If I understand the post below, if you're applying for extension, you can apply for premium processing even right now. Apply for that and then apply for the visa over there, if it comes to that.

 

https://www.uscis.gov/news/alerts/uscis-announces-temporary-suspension-premium-processing-fy2021-cap-subject-petitions

At this time, premium processing remains available for H-1B petitions that are exempt from the cap, such as extension of stay requests.

Exactly, why cant your employer file for extension right now with premium processing, you will have approval in 15 days.

[Mollie09 1,543]

15 hours ago, javed.rizvi said:

Thank you for your reply. 

My employer suggested to file an extension from India which is not a feasible option for me. 

You should probably tell your employer that

[gregcrs2 1,778]

Given all the furloughs and layoffs, do you even have a job now?

[javed.rizvi 0]

Hello All,

 

Thank you for all your replies.

I would like to answer all the questions asked:

Q) Have you talked to the Lawyer?

-My employer suggested me to apply Visa from India which is feasible but not an easy option for as I need to sell all my stuffs while my extension gets approved

 

 

Q)Are you able to provisionally book a flight for, say, 27 or 28 May? 

- Yes but my employer needs atleast a month time to apply for my extension which is may 1st and I cannot travel by this date.

 

Q)If I understand the post below, if you're applying for extension, you can apply for premium processing even right now. Apply for that and then apply for the visa over there, if it comes to that.

- I will check my premium processing options from India. Thank you.

 

Q)When did you go to India? If you H1 status is expiring on May 29, the extension should have already been filed several months before probably when you were in the US.

-I was. suppose to. travel. back by mar 22nd. and I took. exceptional approval from my exployer to apply for extension 65 days before expiry instead of usual 90 days since I had to travel India for my dads operations.

 

Q)Exactly, why cant your employer file for extension right now with premium processing, you will have approval in 15 days.

I will check this option. Thanks.

 

Q)Given all the furloughs and layoffs, do you even have a job now?

To my luck, no. I have given 10 years to my company :)

 

Please let me know if there is any news that H1B visa expiry could be extended automatically for cases like mine.

 

Again Thank you ALL. 🙏

•  

[arken 4,197]

My understanding

1. the employer files for the extension not the employee. So it won’t be like you are applying for extension from India, your employer files for it mentioning you are in India, upon approval, your file is sent to the embassy where you will have the interview. Can do premium processing.

 

2. Unless you can return back before current visa expiry, applying for extension and appearing for visa interview is the only option.

 

3. At this point there is no automatic extension, the only comfort USCIS has provided during COVID is that anyone with expiring and non renewable status (like 6 years H1B or F1) can apply for the extension for a given period.

[Boiler 45,820]

I would talk to the Lawyer working for your Employer, Employer is unlikely to be fully aware of what is and is not possible, that is what they pay the Lawyer for.

[SusieQQQ 11,587]

How big is this employer? Do they have a full time lawyer dealing with visa issues or at least one on retainer?

Edited April 19, 2020 by SusieQQQ