COVID-19 Delays in Extension/Change of Status Filings

[Sarvapindi]

 

COVID-19 Delays in Extension/Change of Status Filings

The Department of Homeland Security (DHS) recognizes that there are immigration-related challenges as a direct result of the coronavirus (COVID-19) pandemic. We continue to carefully analyze these issues and to leverage our resources to effectively address these challenges within our existing authorities. DHS also continues to take action to protect the American people and our communities, and is considering a number of policies and procedures to improve the employment opportunities of U.S. workers during this pandemic.

Generally, nonimmigrants must depart the United States before their authorized period of admission expires. However, we recognize that nonimmigrants may unexpectedly remain in the United States beyond their authorized period of stay due to COVID-19. Should this occur, the following options are available for nonimmigrants: 

Apply for an Extension.  Most nonimmigrants can mitigate the immigration consequences of COVID-19 by timely filing an application for extension of stay (EOS) or change in status (COS). U.S. Citizenship and Immigration Services continues to accept and process applications and petitions, and many of our forms are available for online filing. 

If You File in a Timely Manner.  Nonimmigrants generally do not accrue unlawful presence while the timely-filed, non-frivolous EOS/COS application is pending.  Where applicable, employment authorization with the same employer, subject to the same terms and conditions of the prior approval, is automatically extended for up to 240 days after I-94 expiration when an extension of stay request is filed on time.

Flexibility for Late Applications. USCIS reminds petitioners and applicants that it can consider delays caused by the COVID-19 pandemic when deciding whether to excuse delays in filing documents based on extraordinary circumstances.  

Under current regulations and as noted on our Special Situations page, if a petitioner or applicant files an extension of stay or change of status request (on Forms I-129 or I-539) after the authorized period of admission expires, USCIS, in its discretion, may excuse the failure to file on time if it was due to extraordinary circumstances beyond their control, such as those that may be caused by COVID-19. The length of delay must be commensurate with the circumstances. The petitioner or applicant must submit credible evidence to support their request, which USCIS will evaluate on a case-by-case basis. These special situations have been used at various times in the past, including for natural disasters and similar crises.

Please see 8 CFR 214.1(c)(4) and 8 CFR 248.1(c) for additional information on late requests to extend or change status. In addition, please see our Form I-129 and Form I-539 pages for specific filing and eligibility requirements for extensions of stay and changes of status.

Flexibility for Visa Waiver Entrants. Visa Waiver Program (VWP) entrants are not eligible to extend their stay or change status. However, under current regulations, if an emergency (such as COVID-19) prevents the departure of a VWP entrant, USCIS in its discretion may grant a period of satisfactory departure for up to 30 days. Please see 8 CFR 217.3(a). For those VWP entrants already granted satisfactory departure and unable to depart within this 30-day period because of COVID-19 related issues, USCIS has the authority to temporarily provide an additional 30-day period of satisfactory departure. To request satisfactory departure from USCIS, a VWP entrant should call the USCIS Contact Center.   

For other policy updates, operational changes, and other COVID-19 information, please visit uscis.gov/coronavirus.

[Sarvapindi]

does the below statement apply to h4 ead? Where applicable ani clause pettad howle gadu...

If You File in a Timely Manner.  Nonimmigrants generally do not accrue unlawful presence while the timely-filed, non-frivolous EOS/COS application is pending.  Where applicable, employment authorization with the same employer, subject to the same terms and conditions of the prior approval, is automatically extended for up to 240 days after I-94 expiration when an extension of stay request is filed on time.

[superhit3]

11 minutes ago, Sarvapindi said:

does the below statement apply to h4 ead? Where applicable ani clause pettad howle gadu...

If You File in a Timely Manner.  Nonimmigrants generally do not accrue unlawful presence while the timely-filed, non-frivolous EOS/COS application is pending.  Where applicable, employment authorization with the same employer, subject to the same terms and conditions of the prior approval, is automatically extended for up to 240 days after I-94 expiration when an extension of stay request is filed on time.

It's better to call either USCIS or DHS to check on that brother.

My interpretation is YES but if that person is already Employed. But the problem is other people may have different interpretations.

Now, on a different thought, with same Employer meaning applicable only to H1 and L1s? Because 'Employer' comes into picture only for H1 and L1s?

[Sarvapindi]

7 minutes ago, superhit3 said:

It's better to call either USCIS or DHS to check on that brother.

My interpretation is YES but if that person is already Employed. But the problem is other people may have different interpretations.

Now, on a different thought, with same Employer meaning applicable only to H1 and L1s? Because 'Employer' comes into picture only for H1 and L1s?

As per below..h4 ead not eiligible..

 

Automatic Employment Authorization Document (EAD) Extension

Starting Jan. 17, 2017, USCIS is automatically extending certain expiring EADs for up to 180 days for applicants who:

• Properly filed for a renewal EAD before their current  EAD expired, and
• Are otherwise eligible for a renewal, which means that:
  • Your EAD renewal is under a category that is eligible for an automatic 180-day extension (see the list of categories below); and
  • The Category on your current EAD matches the “Class Requested” listed on this Notice of Action.  (Note:  If you are a TPS beneficiary or pending applicant, your EAD and this Notice must contain either the A12 or C19 category, but the categories do not need to match each other).

We are doing so to help prevent gaps in employment authorization and documentation. This extension applies to Form I-765 renewal applications that are still pending on January 17, 2017, and to Form I-765 renewal applications filed on or after Jan. 17, 2017.

The following categories of EADs will be eligible for an automatic extension of up to 180 days:

The eligibility category you listed on your Form I-765 renewal application	Description
(a)(3)	Refugee
(a)(5)	Asylee
(a)(7)	N-8 or N-9
(a)(8)	Citizen of Micronesia, Marshall Islands, or Palau
(a)(10)	Withholding of Deportation or Removal Granted
(a)(12)	Temporary Protected Status (TPS) Granted
(c)(8)	Asylum Application Pending
(c)(9)	Pending Adjustment of Status under Section 245 of the Act
(c)(10)	Suspension of Deportation Applicants (filed before April 1, 1997) Cancellation of Removal Applicants Special Rule Cancellation of Removal Applicants Under NACARA
(c)(16)	Creation of Record (Adjustment Based on Continuous Residence Since January 1, 1972)
(c)(19)	Pending  initial application for TPS where USCIS determines applicant  is  prima facie eligible for TPS and can receive an EAD as a “temporary treatment benefit”.
(c)(20)	Section 210 Legalization (pending I-700)
(c)(22)	Section 245A Legalization (pending I-687)
(c)(24)	LIFE Legalization
(c)(31)	VAWA Self-Petitioners

 

[superhit3]

@Sarvapindi ya, but COVID is a pandemic and unexpected issue kada. So, ilanti time lo H4 EAD ku kuda aa relief iste better yemo kada since its impacting H4 EADs too. 

Moreover miru paina post chesina categorizes and 180 days was updated and from 2017.

[Discotek]

So H4 EAD aithe (C) (26) anukunta kada , If I am not wrong ..

[superhit3]

Just now, Discotek said:

So H4 EAD aithe (C) (26) anukunta kada , If I am not wrong ..

Ya, but that was from 2017 the list posted by Sarvapindi brother. 

[Sarvapindi]

1 minute ago, superhit3 said:

@Sarvapindi ya, but COVID is a pandemic and unexpected issue kada. So, ilanti time lo H4 EAD ku kuda aa relief iste better yemo kada since its impacting H4 EADs too. 

Moreover miru paina post chesina categorizes and 180 days was updated and from 2017.

iste better e ba.. but ivvar kada badacow lu..

ade normal ga 180 days undedhi bcoz of pandemic 240 days chesadu...list of eligible categories remains same. Where applicable annadu ga..

[Sarvapindi]

2 minutes ago, Discotek said:

So H4 EAD aithe (C) (26) anukunta kada , If I am not wrong ..

Yes list lo ledhu

[Sarvapindi]

2 minutes ago, superhit3 said:

Ya, but that was from 2017 the list posted by Sarvapindi brother. 

List change cheyale ba..

[superhit3]

Just now, Sarvapindi said:

iste better e ba.. but ivvar kada badacow lu..

ade normal ga 180 days undedhi bcoz of pandemic 240 days chesadu...list of eligible categories remains same. Where applicable annadu ga..

Call chesi adagadam start cheyyali so that someone somewhere can start thinking about it. That too what's wrong/harm in asking.

When did u apply for EAD H4? 

[Sarvapindi]

Just now, superhit3 said:

Call chesi adagadam start cheyyali so that someone somewhere can start thinking about it. That too what's wrong/harm in asking.

When did u apply for EAD H4? 

2 weeks back 

[superhit3]

1 minute ago, Sarvapindi said:

2 weeks back 

Hmmm. ippudu vunnadi yeppati varaku vundi ? 

[Sarvapindi]

Just now, superhit3 said:

Hmmm. ippudu vunnadi yeppati varaku vundi ? 

Next month 

[superhit3]

1 minute ago, Sarvapindi said:

Next month 

Ayyo, gap vastundemo ga? Or any alternatives? Tricks or magics,?