My spouse's last working day was 31st Oct, 2019. His grace period to find a new job ends on 30th Dec 2019. He had interviewed for a company in 1st week of Dec and they had said they would fill for his transfer before 30th Dec if he clears the interview. Now, they say they like him but they will not provide any offer letter or file for transfer till Jan 2020. we want to be in the country legally till my spouse gets the offer letter. Would it be advisable to fill for any kind of B visa in this situation?
There is a substantial risk that the new visa application may not be filed by the due date.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
Unless the new employer will have time to file (and get approved) the Labor Condition Application with DOL, let alone the I-129/"H" with USCIS prior to January 29th, to avoid falling out of status and accruing any "unauthorized presence" it will be best to either:
1. File for a Change of Status to B-2 - must be received on or before Jan. 29 by USCIS; or
2. Depart the country prior to Jan. 29 and come back once I-129/H is approved by USCIS - either on your still valid H-1B visa in your passport OR if that is not the case, once have applied for and obtained a "fresh, new" H-1B visa "stamp."
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 26 years of successful immigration law experience. The answer above is only general in nature and cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
I support Mr. Behar's plan 2 ... going home is the fastest/best/safest option.
PROFESSOR OF IMMIGRATION LAW for 10+ years, practicing 100% immigration law for over 40 years -- All responses on this blog are offered for informational purposes only. It does...
It depends on the objective you are trying to achieve?
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. If you wish to discuss your case further, you may seek an appointment here - www.lawyersharma.com/book-online.
Immediately present your immigration visa issues to the sponsoring company's immigration attorney.
DISCLAIMER The opinion given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide a case specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice the site should not be used as a crude substitute for any professionally competent legal advice by a licensed attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, laws and applications change frequently and vary greatly in U.S. jurisdictions and locales, therefore, any information and opinions expressed above remain general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in the State to obtain comprehensive legal assistance before making an informed decision regarding a particular legal issue within an attorney-client privilege setting. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois
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