Any idea if we can fly back to India now in case visa extension is rejected

[Prabahan Saha]

All,
Just wanted to check if we can fly back to India in case visa extension is rejected in this Covid situation ? any idea if USCIS will allow to stay considering present situation?

[Libra_14]

Flying out is not a problem, flights are still operating, but they are not allowing passengers with slight signs of fever & cough.

There are rules for extension of stay for national disasters, hope current situation will also be covered in the same.

[Prabahan Saha]

Thanks Libra_14

[sskumar79]

Flying out is not a problem, flights are still operating, but they are not allowing passengers with slight signs of fever & cough.

There are rules for extension of stay for national disasters, hope current situation will also be covered in the same.

My L1A extension was denied by USCIS today(31.Mar.2020) and I-94 already expired.
I am planning to apply for stay extension due to Corona, I spoke with USCIS and they suggested to use I-536 for stay extension.

how many maximum months can I apply for extension?

How many months does the USCIS take to declare decision on I-536?--USCIS typical timeline for I-536

Can I apply for H1 during my extended stay in the USA?

[Libra_14]

I am planning to apply for stay extension due to Corona, I spoke with USCIS and they suggested to use I-536 for stay extension.

Its form # I539 to be filed for extension.
Once you file I539, based on pending I539 application, you can stay in USA, but cannot work (because you don't have valid petition).

how many maximum months can I apply for extension?

6 months.

How many months does the USCIS take to declare decision on I-536?--USCIS typical timeline for I-536

4 to 6 months as per current timelines.

Can I apply for H1 during my extended stay in the USA?

Certainly, if you haven't completed your 6 year of stay on your L1.

[sskumar79]

Thanks for your response Libra.

I just completed 3 years only and my L1A extension individual was denied.

One another question, Instead H1, Can I reapply for L1A extension(blanket) or new L1A immediately?

[Libra_14]

One another question, Instead H1, Can I reapply for L1A extension(blanket) or new L1A immediately?

First, since your extension is denied & your I94 is also expired, you'll need to leave the country asap.

You'll need to wait for 1 year outside USA to reapply for a fresh L1.

[newacct]

Flying out is not a problem, flights are still operating, but they are not allowing passengers with slight signs of fever & cough.

There are rules for extension of stay for national disasters, hope current situation will also be covered in the same.

The problem is that some countries are not allowing flights in.

[sskumar79]

First, since your extension is denied & your I94 is also expired, you'll need to leave the country asap.

You'll need to wait for 1 year outside USA to reapply for a fresh L1.

Do I have to wait for 1 year though I have not used L1A Max 7 year?

[newacct]

My L1A extension was denied by USCIS today(31.Mar.2020) and I-94 already expired.
I am planning to apply for stay extension due to Corona, I spoke with USCIS and they suggested to use I-536 for stay extension.

how many maximum months can I apply for extension?

How many months does the USCIS take to declare decision on I-536?--USCIS typical timeline for I-536

Can I apply for H1 during my extended stay in the USA?

You would actually be filing I-539 to apply for Change of Status to B2 status, not Extension of Status (L1 extension can only be applied by the employer filing I-129).

Normally, Change of Status or Extension of Status can only be applied for while you are still in status, and USCIS only accepts late applications if you have good cause for being late. I am not sure if they will be more lenient with late applications for COVID-19 flight restrictions.

[sskumar79]

You would actually be filing I-539 to apply for Change of Status to B2 status, not Extension of Status (L1 extension can only be applied by the employer filing I-129).

Normally, Change of Status or Extension of Status can only be applied for while you are still in status, and USCIS only accepts late applications if you have good cause for being late. I am not sure if they will be more lenient with late applications for COVID-19 flight restrictions.

Thanks for your suggestion newacct. Indeed, I must apply for the I-539 first which I am currently working on.

however, considering the current situation, I can't travel till April end(I don't take the risk though the airlines may resume services from mid of April ).

In the meantime, Am I allowed to reapply for my L1A extension or new L1A and let the ball rolling on? FYI-I used only the first 3 years of L1A.

Basically I just want to know the 365 days outside of USA stay(cooling off period) applicable to my case or not.

[subhajit1985]

What happens if I leave the US before my I-539 application to extend status is approved?
I filed my I-539 application on 21st April to extend my B1 status due to COVID 19. The application is still in progress.
What happens if I return to India while the I-539 extension is still pending with USCIS? What is the processing time of the Online I-539 application for the date extension of B1 status?

[newacct]

What happens if I leave the US before my I-539 application to extend status is approved?
I filed my I-539 application on 21st April to extend my B1 status due to COVID 19. The application is still in progress.
What happens if I return to India while the I-539 extension is still pending with USCIS? What is the processing time of the Online I-539 application for the date extension of B1 status?

Nothing happens. Your Extension of Status is automatically abandoned, since it is no longer needed. You did not accrue any "unlawful presence", and your visa is not voided.

[subhajit1985]

Thank you Sir for your valuable information.