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

[xyz12345 260]

11 hours ago, javed.rizvi said:

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. 🙏

•  

If you'ved worked for the company for 10 years, I'm assuming that you have an approved I-140? If so, I would assume that applying for premium processing and getting approved shouldn't be a problem then. Your only issue would probably be scheduling a visa interview at the embassy as soon as possible.

[Boiler 45,522]

1 minute ago, xyz12345 said:

If you'ved worked for the company for 10 years, I'm assuming that you have an approved I-140? If so, I would assume that applying for premium processing and getting approved shouldn't be a problem then. Your only issue would probably be scheduling a visa interview at the embassy as soon as possible.

Consulates are closed and travelling could be an issue, the UK media are reporting people having major issues travelling form India to the UK, sounds like Indians with British Citizenship, and special flights have been laid on, somebody with a work visa would not qualify, not sure what the India US situation is.

[xyz12345 260]

2 minutes ago, Boiler said:

Consulates are closed and travelling could be an issue, the UK media are reporting people having major issues travelling form India to the UK, sounds like Indians with British Citizenship, and special flights have been laid on, somebody with a work visa would not qualify, not sure what the India US situation is.

Maybe travel through Taiwan, SIngapore, South Korea or Japan? Are there still flights available? Am I correct in saying that those routes aren't closed yet? I don't know their policies though regarding travel of Indians from India to their countries even if just transiting.

[Boiler 45,522]

22 minutes ago, xyz12345 said:

Maybe travel through Taiwan, SIngapore, South Korea or Japan? Are there still flights available? Am I correct in saying that those routes aren't closed yet? I don't know their policies though regarding travel of Indians from India to their countries even if just transiting.

Well all I have is media sources which can be unreliable but they do give the impression it is not easy getting flights out of the sub continent. https://www.theguardian.com/world/2020/apr/03/uk-promises-first-coronavirus-repatriation-flights-from-india-next-week

[xyz12345 260]

Ask your employer to file for premium processing and if they can pay the fee. If not and if you're willing, you can pay for it yourself to speed up that part. Issues like visa appts and flight availability can still delay you though.

 

https://www.uscis.gov/forms/how-do-i-request-premium-processing

Can the beneficiary of a visa petition seek premium processing?

No, except in cases where the petitioner is eligible to be file a self-petition (that is, the petitioner and the beneficiary are the same). Otherwise, only the petitioner (or the attorney or representative who has filed Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, on behalf of the petitioner) may request premium processing for a designated petition. The petitioner, beneficiary, attorney, or representative may pay the premium processing service fee, but the beneficiary cannot sign or file Form I-907.

[javed.rizvi 0]

Hello Everyone,

 

I want to THANK YOU everyone for taking out your precious time and sharing your thoughts and ideas with me. Really appreciate it. May God bless you all.

 

My company is ready to pay for premium but H1B premium processing is right now suspended so that option is ruled out.

My country (India) has extended the global lockdown period to May 17th and no travel can happen until may 17th at at least. 

My visa is expiring on May 29th. My employer is saying even if I travel back to USA by May 18th, 11 days are not enough for them to file my extension as it would need a change in LCA (once I reach USA) plus some other formalities before they can file an extension and 11 days are not enough to do all this. 

 

I have asked my company to start creating all documents needed and file as soon as I reach there. They responded saying if they create a new LCA before I travel back, US customs and border protection will not allow me enter USA.

 

My question is If new LCA is created, US customs and border protection will not allow me enter USA? or there is a possibility I can explain this happen due to COVID19 and ask them to consider my request to enter USA.

 

(LCA is Labor Condition Application, which has details like salary, location and document expiry date etc.)

 

Please advise otherwise what steps I can take to file my extension on time?

Is there any news to provide exceptions to cases like mine. I am surprised that there are no new rules for people who are stuck outside and not able to file extension in time.

 

[please pardon my bad english]

[Mounat02 63]

1 hour ago, javed.rizvi said:

I have asked my company to start creating all documents needed and file as soon as I reach there. They responded saying if they create a new LCA before I travel back, US customs and border protection will not allow me enter USA.

 

My question is If new LCA is created, US customs and border protection will not allow me enter USA? or there is a possibility I can explain this happen due to COVID19 and ask them to consider my request to enter USA.

You're worrying about crossing bridges that you haven't reached yet. It's not likely you will be able to travel to the US by the expiry date of May 29 so plan accordingly. You should ask your employer to apply for the extension ASAP and then find a way back to the US once extension is approved.

[javed.rizvi 0]

There are special flights about to run from May 8th to May 14th. I have raised a request to get an accommodation in that.

If approved, I would be good to go. So please let me know if anyone knows the answer for my question on LCA.

[arken 4,197]

Your employer is correct in the sense that 11 days (7-8 business days)aren’t enough for H1B extension filing. LCA has to be approved which usually takes 7 days but will likely be more during these times. And then there will be internal paperwork to be done that takes time as well.

 

If your employer files for LCA now, I don’t see any issues for you entering on existing H1B due to new LCA filing as LCA goes to Department of Labor and not Uscis or state department. However what could be the issue that may make CBP not allow you the entry is

1. your existing visa is expiring in 11 days

2. you have no pending h1b extension which would have extended existing h1b by almost 8 months or till the decision.

3.you’ve been out for so many months on h1b, probably not paid leave for the whole time

4. you’ll have no time filing for extension and this will be out of status.

 

you’ll be walking on a thin ice.