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H1B Visa and Stay Queries

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  • H1B Visa and Stay Queries



    I am a US citizen who applied for my brother's green card(I-130) in Sep of 2017. He is an Indian citizen living in Detroit, USA since Jan’2014 on an H1-B visa. He works for an Indian consulting firm and an American automobile client.

    Family: He lives here with his dependent wife & son.

    His wife has completed prerequisite exams and applied for dentist schools here for Spring'2021. She is waiting on acceptance. She is confident to get a call from one of the dental universities she applied to.

    His son is 8 years old and goes to 3rd grade.

    Since Covid-19 situation,
    • His current employer(Employer-A) revoked his H1-B -> 15 April, grace period 60 days till 15 June (Visa petition was valid till September 2022),
    • His current employer (Employer-A) again re-applied for H1-B before the 60 day grace period ends -> applied on 10th June, not approved yet. Employer-A is planning to revoke H1-B visa again on 7th August, 60 days from applied date - since the client did not invite the contractors back to work yet)
    • He was not paid (No salary slip generated) for about 4 months (2 months grace period & 2 months new H1B applied status).
    • Last week he got selected in another company(Employer-B) -- verbal confirmation received. However due to a lack of period remaining here in the USA (7th August) Employer-B would not submit his H1-B petition by 7th August. Is there other ways to buy some more time in the USA till the petition is sent to USCIS by Employer-B. Could an expedited service be used to submit his H1B visa application?

    1. I am looking for a way to extend his stay. That would allow him to search for another employer who would transfer his H1-B. Are there any waivers that would allow him & his family to stay?
    2. Are there any ways to expedite the green card processing? Like he is going through financial troubles? I applied for I-130 but not I-485 as the date has to be current or something.
    3. Could we apply for some other visa like (B2) to buy time? However, it appears if/when he finds a new job and they file H1B for him, he would need stamping before he could work. Which does not seem to be a good option considering the recent news of H1-B visa ban.
    4. If his wife applies for a Masters programme (considering only 10 days remaining), Example: master in public health on F1 visa, is it possible in this situation? Can her husband Shrikant stay as dependent?
    5. Are there any other alternatives like EB-5 if I were to assist him arrange the investment capital? The idea is that I help him open some business.
    6. Do you recommend a good attorney that could assist in this situation?

    It would be great if you anyone with some insights can answer any of these questions.

    Appreciate your help in advance!