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Unemployed Indian H1B Visa Holders Have the Following Options to Postpone Deportation

USCIS has provided certain options for non-immigrants, which can be adopted by unemployed Indian H1B Visa holders in the current situation

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DQINDIA Online
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H1B Visa

As Indian H1B Visa holders, especially those who have been fired and are unemployed during the Coronavirus pandemic, await relief from the Trump Government, the USCIS has informed H1B visa workers to apply for an extension in the current circumstances. While this is not a new development, and these options were always available to H1B visa holders, USCIS has said that it could consider delays in filing applications due to the Coronavirus pandemic.

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“Generally, nonimmigrants must depart the United States before their authorized period of admission expires. However, we recognize that nonimmigrants may unexpectedly remain in the United States beyond their authorized period of stay due to COVID-19,” said USCIS.

What Unemployed Indian H1B Visa Holders can Do?

Those who may have recently lost jobs in the US may either look for another job, or if they are unable to find another job within sixty days, they can apply for or an extension of stay (EOS) or change in status (COS). Those on an H1B visa and are currently unemployed can file for a COS to tourist visa to prevent deportation.

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Suppose the unemployed H1B Visa workers find another job, they can always file for an extension if their visa is close to the date of expiry. “Nonimmigrants generally do not accrue unlawful presence while the timely-filed, non-frivolous EOS/COS application is pending.  Where applicable, employment authorization with the same employer, subject to the same terms and conditions of the prior approval, is automatically extended for up to 240 days after I-94 expiration when an extension of stay request is filed on time,” says USCIS.

Compulsory H1B Visa Extension is Not the Norm

The relief that USCIS has offered under current circumstances is that “if a petitioner or applicant files an extension of stay or change of status request (on Forms I-129 or I-539) after the authorized period of admission expires, USCIS, in its discretion, may excuse the failure to file on time if it was due to extraordinary circumstances beyond their control, such as those that may be caused by COVID-19.”

However, the petitioner will then have to provide credible evidence to support their request and USCIS would consider every request that comes in on a case-by-case basis. Furthermore, there are certain guidelines and eligibility requirements that are mandatory to file for extensions of stay and changes of status.

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