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Thread: h1b lay off & waiting for DA/U Visa concern

  1. #1
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    h1b lay off & waiting for DA/U Visa concern

    Guys,

    If someone can clarify please. My U visa receipt date is Dec,2015. No DA or any update yet. I am on h1b. Due to Covid-19 seeing many lay offs.

    What happens if my employer terminates employment and h1b. h1b i94 is valid until Oct-2020. I am aware I will be in grace period of 60 days from the date employment ends. However can I stay beyond that until U/DA decision, if so how long? Anyone in the similar situation and waiting for DA/U? Should I leave US immediate or better to be in US to get DA?

    How people are getting their license renew on DA? What document to provide to DMV for renewal (for new dates)? Thank you

  2. #2
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    Hi Jcann,

    I am from Sept-2019 and I am also on H1B. Recently I have received the DA but didn’t apply for EAD as H1B is valid. I totally understand your concern but my case is different now as my DA is approved. I recommend you to consult your H1B immigration lawyer + U visa lawyer if the situation happens. It is good to keep the status clean. If you don't get job within the grace period then go back and wait to final U-visa to approve.

    Regarding DMV, different rules in different states. As you are legal, DA doesn’t matter while you are on H1B.

    I hope the above situation never happens and wish you best luck. Be positive
    U visa filed Sep-2015
    Notice date Sep-2015
    Bio Oct-2015
    DA April 2020
    No U yet

    http://www.splawforum.com/threads/18...rocessing-time

  3. #3
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    Hi UVisaTrack,

    Thank you for great job maintaining the forum. I am hoping layoff would not happen. I am hoping for DA somewhere in Sep,2020, as per current processing time.

    You got DA and say if you get layoff while on H1b and couldn't find any job in 60 days grace period, would you go back to your country? Or you can stay until you get U visa (next year I believe?)? Just taking an example to understand, not cursing We have waited very long, going out of US I believe need stamping and all to reenter once U is approved. God knows how long this Covid will last.

    I understand as my i94 will be valid until Oct, if I get lay off I will not be out of status unlawfully until then. I will be out of status though.

    Regarding DMV, my concern is while you are not on h1b and you get DA - how one is renewing their Driving license. Say where documentation is required to present, which document on DA to show renewal dates? Thanks.
    Last edited by Jcann; 07-16-2020 at 02:15 PM.

  4. #4
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    Quote Originally Posted by Jcann View Post
    Hi UVisaTrack,

    Thank you for great job maintaining the forum. I am hoping layoff would not happen. I am hoping for DA somewhere in Sep,2020, as per current processing time.

    You got DA and say if you get layoff while on H1b and couldn't find any job in 60 days grace period, would you go back to your country? Or you can stay until you get U visa (next year I believe?)? Just taking an example to understand, not cursing We have waited very long, going out of US I believe need stamping and all to reenter once U is approved. God knows how long this Covid will last.

    I understand as my i94 will be valid until Oct, if I get lay off I will not be out of status unlawfully until then. I will be out of status though.

    Regarding DMV, my concern is while you are not on h1b and you get DA - how one is renewing their Driving license. Say where documentation is required to present, which document on DA to show renewal dates? Thanks.
    You are welcome. I am trying to help people as they have limited resources/knowledge about it. Also my lawyer is so friendly and answer any questions at any time.

    I have consulted my lawyer about the situation you mentioned above and he suggested me to apply for DA EAD. Just FYI, I didn’t applied DA EAD with U visa application. I can stay on DA and apply for EAD for work but it doesn’t grant me any status. It is not wrong to stay but as I am staying legal, I would go back to home country and wait for U visa to approve.

    For DMV, I am no expert but while ago I have seen similar questions in this forum. Check this thread http://www.splawforum.com/threads/79...nse-in-Florida

  5. #5
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    Quote Originally Posted by UVisaTrack View Post
    You are welcome. I am trying to help people as they have limited resources/knowledge about it. Also my lawyer is so friendly and answer any questions at any time.

    I have consulted my lawyer about the situation you mentioned above and he suggested me to apply for DA EAD. Just FYI, I didn’t applied DA EAD with U visa application. I can stay on DA and apply for EAD for work but it doesn’t grant me any status. It is not wrong to stay but as I am staying legal, I would go back to home country and wait for U visa to approve.

    For DMV, I am no expert but while ago I have seen similar questions in this forum. Check this thread http://www.splawforum.com/threads/79...nse-in-Florida
    Thank you, UVisaTrack. If you don't mind, may I ask you few more things? It seems you are aware of things. I've also asked my lawyer but still waiting for him to come back.

    We are on h1b, and once we get EAD on DA or EAD on U visa - I believe our SSN remains unchanged, right?

    I have my i140 approved a year back, I believe you must have too! - Is U Visa our best chance to get GC? Would you be definitely switching to U visa and not keeping H1? My lawyer told me U is the best chance since the crime had happened and can't be denied.

    U EAD compare to h1b, I believe we can work freely for any employer without burden of H1b transfer/extension and all. Plus we can do multiple jobs/income on U EAD, which we can't on h1b. Once U is granted, that's the big relief for three-four years, which is big plus as per me.

  6. #6
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    Quote Originally Posted by Jcann View Post
    Thank you, UVisaTrack. If you don't mind, may I ask you few more things? It seems you are aware of things. I've also asked my lawyer but still waiting for him to come back.

    We are on h1b, and once we get EAD on DA or EAD on U visa - I believe our SSN remains unchanged, right?

    I have my i140 approved a year back, I believe you must have too! - Is U Visa our best chance to get GC? Would you be definitely switching to U visa and not keeping H1? My lawyer told me U is the best chance since the crime had happened and can't be denied.

    U EAD compare to h1b, I believe we can work freely for any employer without burden of H1b transfer/extension and all. Plus we can do multiple jobs/income on U EAD, which we can't on h1b. Once U is granted, that's the big relief for three-four years, which is big plus as per me.
    Sure. These are good questions and I had the same. I have talked my lawyer about it while ago. Also, I am checking the bill S386 as well. I also assume that your are from the EB2 long list countries (China/India)

    As we have same situation. Approved I140 and waiting for EB2 (China/India) to become current (GOD knows when). Right, The SSN number never changes per visa status change or immigration change (GC).

    In current situation, U visa is the fastest way to get GC. EB2 (China/India) will take forever unless something changes (S386 or merit based green cards). Even any changes in Eb2 waitlist process it will still take 4-5 years. So from my understanding, in current situation U-visa is the best. Now, I could not keep two status, once U visa granted the H1b automatically get canceled. Similar to any visa process, if you switch to one to other. So, if we have to withdraw the U visa application before it approves to keep H1B. Also, do not change your job (H1B transfer) when your U-visa approval is nearby.

    Yes, The U visa has obvious advantage over h1b. only cons is the travel outside the USA for three year (until we get the gc). Anyway, I hope you get the you DA soon. I am eagerly waiting for my U-visa.

    ques: Did you apply for your DA EAD?

  7. #7
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    Quote Originally Posted by UVisaTrack View Post
    Sure. These are good questions and I had the same. I have talked my lawyer about it while ago. Also, I am checking the bill S386 as well. I also assume that your are from the EB2 long list countries (China/India)

    As we have same situation. Approved I140 and waiting for EB2 (China/India) to become current (GOD knows when). Right, The SSN number never changes per visa status change or immigration change (GC).

    In current situation, U visa is the fastest way to get GC. EB2 (China/India) will take forever unless something changes (S386 or merit based green cards). Even any changes in Eb2 waitlist process it will still take 4-5 years. So from my understanding, in current situation U-visa is the best. Now, I could not keep two status, once U visa granted the H1b automatically get canceled. Similar to any visa process, if you switch to one to other. So, if we have to withdraw the U visa application before it approves to keep H1B. Also, do not change your job (H1B transfer) when your U-visa approval is nearby.

    Yes, The U visa has obvious advantage over h1b. only cons is the travel outside the USA for three year (until we get the gc). Anyway, I hope you get the you DA soon. I am eagerly waiting for my U-visa.

    ques: Did you apply for your DA EAD?

    Thank you very much, UVisaTrack. Your are very helpful. Didn't know about s386, I'll keep an eye also, I agree even if they approve it it will take few years. Same EB2 here, and long wait time and no much hope when date will become current (my i140 got approved just last year), so 10 years minimum...

    Yeah, I know travel is not advisable for three years while on U. Oh well, that I can take it over wait of 10yearsEB2.

    Yes, I have applied for EAD with DA. Hopefully I'll get my DA soon. Job market is getting worse.

  8. #8
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    Quote Originally Posted by Jcann View Post
    Thank you very much, UVisaTrack. Your are very helpful. Didn't know about s386, I'll keep an eye also, I agree even if they approve it it will take few years. Same EB2 here, and long wait time and no much hope when date will become current (my i140 got approved just last year), so 10 years minimum...

    Yeah, I know travel is not advisable for three years while on U. Oh well, that I can take it over wait of 10yearsEB2.

    Yes, I have applied for EAD with DA. Hopefully I'll get my DA soon. Job market is getting worse.
    No problem. Join the facebook groups for U visa 2015 & 2016. There are many people post their status as well as questions.

    FYI, You can decide if you want to use your DA EAD or not. If your H1B is good then, I recommend not to use it. Same applies to your dependent.

  9. #9
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    Hey Man, can I please have a link for facebook group. Thank you.

    I am wondering on DA-EAD. Once I get it I'll have two work authorizations, DA-EAD and h1b. H1b rule says I can work for h1b employer only, DA-EAD I can work for any/more than one employer. I asked my lawyer and he is in misery now. I'll setup a call with him once I get EAD, and if I need to use it. I am not sure if using DA-EAD in parallel to h1b violates any h1b rule. Both are separate work authorizations, so I think it should not violate any h1b rule!!

    You got your DA on April 2, 2020, what date/month you are expecting to see U visa availability? I am wondering if I get DA in Aug/Sep, when I will see U? I read somewhere here there was data, but not sure where.

  10. #10
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    Quote Originally Posted by Jcann View Post
    Hey Man, can I please have a link for facebook group. Thank you.

    I am wondering on DA-EAD. Once I get it I'll have two work authorizations, DA-EAD and h1b. H1b rule says I can work for h1b employer only, DA-EAD I can work for any/more than one employer. I asked my lawyer and he is in misery now. I'll setup a call with him once I get EAD, and if I need to use it. I am not sure if using DA-EAD in parallel to h1b violates any h1b rule. Both are separate work authorizations, so I think it should not violate any h1b rule!!

    You got your DA on April 2, 2020, what date/month you are expecting to see U visa availability? I am wondering if I get DA in Aug/Sep, when I will see U? I read somewhere here there was data, but not sure where.
    https://www.facebook.com/groups/913367812393354/

    Please consult your lawyer. I have had same questions and my lawyer went through AILA and asked them. The response was similar to my understanding, If you follow H1B rules and work for the sponsor employer you status stays as it is. Once you use the DA EAD, you loose the H1B status. So, it can't used in parallel.

    Technically, The DA EAD doesn't give you any status but it provides work authorization and the protection against deportation for illegal immigrants. So, if possible stick with H1B.

    As per my calculations, I supposed to receive U visa either in Dec 2020 or first quarter 2021. you can calculate it using the below data
    https://www.uscis.gov/sites/default/...y2020_qtr2.pdf

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