Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

Options for Extension or Grace Period due to COVID-19 -L1A Maxout

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Options for Extension or Grace Period due to COVID-19 -L1A Maxout

    Hi Everyone , need your input related to this ,

    I am currently on L1A and will be completing 7 years in April 1st week . My max-out and I94 expiry are on April 1st week . (Possible dates has been recaptured already ,during last extension)
    My spouse is on L2 and has same i94 Expiry.
    My son (1 year old) is US citizen and OCI card holder.

    We already have a plan to travel back to India before max-out date .

    The concerning situation is , currently india has a travel suspension for OCI card holders . It means my son cannt travel . I am already working with Indian embassy. As of last week , they dont have any clarity on exception and asked me to contact back again in last week of march . . I'll be working on that.

    My question is , with Covid-19 , travel situation is changing every day . In case it gets worsen in upcoming weeks , what are the options i may have ?
    (There should be some option for natural disaster or emergency - i just don't know what are those and if i am eligible for that )
    This is what i can think of ,

    1. Is there a way to request for I-94 Extension for a minimal period? (form i-129 or something else)
    2. Is there a way to request for grace period ? ( I understand that i won't be able to wowrk after maxout . But need to maintain a lawful status).
    3. L1A-> B1/B2 and L2->B2 conversion before maxout/I-94 expiry? (change of status)
    4. Any other option ?

    I need to act quick before my i-94 validity expires .
    Ideally USCIS should have a plan for immigration impact due to COVID-19 . There is some reference in their website but not enough clarity .
    I called USCIS call center and asked to reach out DHS .
    DHS doesn't have any direction related to COVID-19 . They just informed me that there is 60 days grace period . (I am not sure if that's correct . My understanding is Grace period is not there if i94 expires ) .

    I understand the best option is to travel before max out if Indian consulate can provide an exception visa for my baby .
    I just dont know how the travel situation would be in US/India during that time . Trying to explore my options.

    Appreciate your time and input . Thank You.

  • #2
    The best one for you will be to work with Indian embassy to allow you to travel back to India with your kid - avoid any hassles for future as well.

    Yes, you can switch to B2 & continue to stay - consult an attorney for that.

    Last, if you had to stay, you've 60 days grace period, but collect proof that you planned to travel out, but had to extend because of this. Proofs can be in form of local news papers, showing travel ban. etc.
    - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

    If my opinion helping you, then please do click "like" button below.

    Comment


    • #3
      You remain in status until 60 days after leaving your job, or when your I-94 expires, whichever is earlier. There is no "grace period" beyond I-94 expiry.

      You can apply for Change of Status to B2 if you file before your status ends.

      This is my personal opinion and is not to be construed as legal advice.

      Comment


      • #4
        Thank You for responses Libra_14 and newacct . You greatly helped in validating my understanding .

        I wanted to check if L1 to B2 change of status is possible upon L1 maxout . Let me know your input . I'm trying to reach out to personal Attorney as well .

        Also, i would prefer to travel to india as soon as there is an improved travel situation . I mayn’t have B2 approval by then and change of status may get abandoned automatically . Does that mean i will accumulate illegal presence/out of status once my L1 gets max out,COS pending and i travel out of US ?

        Comment


        • #5
          You will be out of status but will not accrue "unlawful presence".

          This is my personal opinion and is not to be construed as legal advice.

          Comment


          • #6
            Thanks newacct . I am planning to submit I-539 /COS online from L1/L2 to B2 with maxout date as effective date .
            As a suggestion - Do you guys recommend to consult attorney or it's ok to submit myself .

            Comment

            {{modal[0].title}}

            X

            {{modal[0].content}}

            {{promo.content}}

            Working...
            X