H1B Extension, Transfer or Change of Status in Coronavirus

Coronavirus H1B extension is allowed along with transfer, change of status. USCIS is sending RFEs and approvals. H1B transfer issues.

Written by Anil Gupta
  By Anil Gupta    Updated  17 Apr, 20

USCIS is open and is accepting H1B extension applications.

You can also file H1B transfer and change of status applications by mail. USCIS will receive and process your H1B work permit in the regular timeline as premium processing has been suspended in a Coronavirus emergency.

H1B Transfer Approved But Cannot Join Office

Many people are facing delays in joining due to the new employer’s office closure after transfer approval. In this case, you can post your LCA at the home door and work from home. This applies only to cases where the new office location is within the same MSA as your home.

If you have to relocate to different MSA or a different state within the USA to join a new employer, the safest option at this time is to keep working for the current existing employer.

If you cannot keep working for an existing H-1b employer as you have already resigned, you should ask your new employer to file an H1B Amendment and show your ‘out of state’ home address as work location.

Does USCIS allow H1B online filing in Coronavirus?

There is no option to file an H1B extension online in Coronavirus. Your employer has to send a paper application.

Can we file H1B Transfer after i94 expiry?

You can file H1B transfer after i94 expiry but your pending extension will be treated as bridge petition.

Can I file H1B to B2 Change of Status after H1B Denial?

You can file H1B to B2 change of status after your H1b denial only if you cannot leave USA due to travel restrictions.

There is no guarantee that USCIS will approve it.

Can h1B to B2 visitor visa be file Online?

You can file B2 visitor visa application online using form i539.

Can H1B Legally Keep me on Unpaid Leave in Coronavirus?

Employers are legally bound to keep paying you the H1b salary as mentioned in LCA in all situations including coronavirus.

H1B Employer can send you on furlough but still needs to keep paying you the salary.

There has been no exception announced by USCIS at this time.

Will USCIS send RFE in Coronavirus or Direct Approvals?

USCIS is sending H1B RFE even in coronavirus situation.

Example: A physician doctor got an RFE to prove his H1B specialty occupation.

Is USCIS conducting site visits in Coronavirus?

USCIS fraud detection unit is conducting site visits but only on phone as reported by one of our guest.

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Written by Anil Gupta
  By Anil Gupta           

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