I have consistently used the following sample cover letter for my H4 EAD applications, and I have not encountered any rejections. Please feel free to make any necessary modifications. Thank you Dataneb for publishing this. Sample Cover Letter for H4 EAD [Your name] [Your mailing address] [City, State, and Zip Code] [Email address] [Phone number] [Date] To: United States Citizenship and Immigration Service Re: H4 Employment Authorization Document (EAD) Application Applicant: [Insert your name] Alien-Number: [If applicable] Dear Sir/Madam, I hope this letter finds you well. I am writing to formally request the processing of my H4 Employment Authorization Document (EAD) application. My name is [insert name], and I was granted an H4 Visa on [insert date] based on my spouse's, [insert spouse's name], valid H-1B Visa status, along with an approved I-140 Immigrant Petition. Enclosed with this letter, you will find all the necessary supporting documents as outlined in the USCIS guidelines: Application fees: Check in the amount of $410 payable to "U.S. Department of Homeland Security". Completed and signed Form I-765. Copies of my passport with visa pages. Copies of my spouse's passport. Copies of approved I-797 notices for both H4 and H1-B. Copies of Form I-94. Copy of marriage certificate (and translation if not in English). Copy of my previous EAD (if any). 2 color photographs. Completed Form G-1145. I kindly request that USCIS process my EAD application at your earliest convenience. If there are any additional documents required or if you have any questions, please feel free to contact me at [insert your address]. I appreciate your time and attention to this matter. Thank you for your consideration. Sincerely, [Insert your name] Next: Apply for H4 EAD Related Posts ✔ Go to Main Menu ✔ H1B grace period with severance pay ✔ Tourist visa for parents ✔ Change of status to B2 Related Topics

Changing status from J1 to H1B visa is possible if the J1 visa holder has obtained a waiver (refer to this I-612 approval notice from USCIS), or you have fulfilled the 2-year home residency requirement or you are not subjected to the 2-year home residency requirement at all. Related: How to know if I'm subjected to 2-year rule? J1 exchange visitor scholars can maintain J1 visa status for a maximum of 5 years. If you work in an academy, and your J1 visa is set to expire soon, and you wish to remain in the US after its completion, you must file for a J1 to H1B change of status before your J1 visa expires. Table of Contents: J1 to H1B J1 to H1B Without Waiver Academic H1B to Industry H1B J1 to H1B for Postdoc J1 to H1B Change of Status J2 to H4 Change of Status J1 to H1B Processing Time J1 to H1B Transfer Fees J1 to H1B Without Waiver J1 visa holders cannot convert to an H1B visa without a waiver if they are subject to a 2-year home residency rule. Before applying for an H1B visa, J1 visa holders must meet one of the following conditions: Obtain a waiver from the US Department of State, i.e., I-612 approval notice from USCIS. Fulfill the two-year home residency requirement as required for J1 exchange visitors. Academic H1B to Industry H1B After acquiring an academic H1B, many individuals eventually transition to the industry. The shift from academic H1B to industry H1B offers unique advantages like: Academic H1B is cap-exempt from the annual quota applicable to private employers. Academic H1B is not subject to the regular lottery process seen in industry H1B. Furthermore, academic H1Bs can be filed at any time during the year, providing greater flexibility compared to the industry H1B. J1 to H1B for Postdoc If you're a postdoc and want to switch from J1 to H1B, talk to your boss and the International Office well in advance to see if they are willing to sponsor you for an H1B. If they agree, submit the H1B petition at least 6 months before your J1 program ends to avoid any interruption in your work visa. J1 to H1B Change of Status The steps for changing status from a J1 visa to an H1B can vary among different universities, but the general criteria remain consistent. International offices at universities or institutes may request the submission of specific documents, and you may need to upload these documents through the international office's online system. These are the documents required for the change of status from J1 to H1B: Copies of all degrees or diplomas; if not in English, include a certified English translation. Resume/CV. Credentials evaluation (Highest degree) if obtained outside the US. Latest I-94. Copies of passport and visa pages. DS-2019 (if currently on J1 visa). USCIS Waiver approval notice (Form I-612). Last 6 months' pay stubs. J2 to H4 Change of Status If you have dependents, you can either file for H4 along with the primary H1B petition or opt for a J2 to H4 change of status after the H1B approval. It's advisable to get the International Office's opinion as each case is different. Also, sometimes universities do not pay for a dependent's visa. Regardless, the following documents are required for the H4 visa application. Marriage certificate (include certified English translation if not in English) Birth certificate (for the child, if any) Copies of passport pages and visa Latest I-94 Copy of DS-2019 Proof of any other visa type (if held previously) Completed Form I-539 Check for $370 (please check the USCIS website for any updates) Upon submitting all required documents to your university's international office, they will prepare an LCA (Labor Condition Agreement) for you. The "Department of Labor" must certify it before processing your H1B petition, a step your employer will handle on your behalf, taking approximately one to two months. Subsequently, your international office will submit your H1B application to the USCIS along with supporting documents and filing fees (checks). J1 to H1B Processing Time The standard processing time for J1 to H1B conversion typically ranges from 2 to 10 months, and in some cases, even longer, as the USCIS timeline can vary. Opting for H1B premium processing, however, usually results in a response from USCIS within 15 days, with an additional fee of $2,500. J1 to H1B Transfer Fees Your university should cover all the fees for J1 to H1B transfer, and ultimately, these expenses will be deducted from your professor's funding, based on my understanding. Behind the scenes, the International Office may apply additional charges to prepare your case, and these will also be drawn from your professor's funding. Discuss with your boss to determine if they are willing to opt for premium processing, as it incurs an extra cost of $2500. University policies vary—some cover H4 dependents' fees, while others may request H1B holders to pay for their dependents. Please check with your employer for clarification. Please note that I am not an attorney; I am sharing my journey to assist readers. Ensure thorough discussions with your employer well in advance and have all necessary documents prepared. Feel free to drop any questions in the comment section, and I'll do my best to provide answers. Next: J1 Waiver Process Related Posts ✔ Go to Main Menu ✔ J1 visa to a Green Card ✔ How to apply for a tourist visa for parents Related Topics

J2 EAD (Employment Authorization Document) allows dependents of J1 visa holders to work in the US. J2 EAD extension/ renewal is possible, up to the end date of DS-2019. The J2 EAD process takes an average of 3-6 months. To apply for a J2 EAD card, you must file a paper application by mail with the USCIS. J-2 visitors are not eligible for online filing of the I-765. My spouse was on a J-2 visa, and we applied for his J2 EAD application (Employment Authorization Documents) followed by subsequent extensions/renewals. In this blog, I am going to cover everything you need to know about the J2 EAD application process, starting from the cover letter for J2 EAD, document requirements, validity, processing time, and premium processing service. Table of Contents: J2 EAD Application Cover Letter Processing Time Validity Documents Required for J2 EAD Application Sample Check Premium Processing Filing Address Status Check J2 EAD Cover Letter This letter serves as the cover page for your J2 EAD application. While a cover letter is not mandatory for J2 EAD applications, including one can improve the chances of application approval. Feel free to customize the following template for a new J2 EAD application or renewal. [Your Name] [Your Address] [City, State, ZIP Code] [Date, Month, Year] United States Citizenship and Immigration Service RE: Request for J2 Employment Authorization Document [Extension] Dear Sir/Madam, I am writing to request an [extension/ a new application] for my J2 work authorization. My name is [Your Name], and I currently reside in the United States under J-2 status, accompanying my spouse, [J1 Visa Holder Name], who is a postdoctoral researcher at the [University of California, Riverside (SEVIS No. _________)]. I wish to [start/ continue] my employment to gain experience in the American workplace culture. The income generated will be utilized for pursuing my career interests, such as [part-time master's classes and other recreational/cultural activities], and not for supporting my spouse. My spouse's annual income of $_____ is sufficient to cover our day-to-day expenses. I kindly request your consideration in granting me [an extension of] work authorization. Thank you in advance for your attention to this matter. Sincerely, [Your Name] Enclosed are all the required documents to support my J2 EAD application: Filing fee check, photographs & I-765 application Copy of I-797A approval notice Copy of the latest I-94 Copy of DS-2019 Copy of all pages of passport and visa Copy of DS-2019, last 3 months pay stubs (primary J1 visa holder) Copy of I-94, passport, and visa (primary J1 visa holder) Marriage certificate J2 EAD Processing Time The J2 EAD application process typically takes an average of 3-6 months. If you plan to renew your J2 EAD, it's advisable to apply for the extension well in advance. J2 EAD renewals can be submitted up to 6 months before the expiry date. In our experience, the initial J2 EAD application and its three renewals each took an average of 3-4 months to process. It's important to note that processing times can vary between different cases and service centers. In our case, all applications were processed at the USCIS Potomac Service Center. While it's challenging to predict exact processing times, our experience may provide you with a general idea. J2 EAD Validity The validity of the J2 EAD aligns with the expiration date on the DS-2019 form. When you receive a new DS-2019, you become eligible to apply for the renewal of your J2 EAD. As previously noted, the renewal process can be initiated at least 6 months before the current EAD's expiration, assuming that your DS-2019 has been updated. In our situation, we consistently received one-year J2 EADs and submitted the extension application annually. Related: How to apply for a B2 visa for parents? J2 EAD Renewal Documents or New Application Here are the documents needed for the J2 EAD application, whether you are filing a new application or applying for renewal, you would need the following documents from the J2 visa holder. You would be filing a J2 EAD application under (c)(5) category - Spouse/dependent of J-1 exchange visitor on the I-765 form. Completed I-765 application form: You can download the instructions and the latest form from the USCIS website G-1145 form: (Optional) to receive electronic notice from USCIS Copy of I-94 form Copy of passport pages front and back Copy of visa stamps Copy of all DS-2019 (In case of EAD renewal) Copy of previously issued EAD cards A check or money order payable to the U.S. Department of Homeland Security ($410). This fee is subject to change, please refer to the USCIS website for any updates. Two passport-size color photos: Include two passport-size color photos with your EAD application. Place the photos in an envelope labeled "Photos". On the back of each photo, lightly print your name and A-Number (if applicable) using a pencil. Cover letter (optional) Copy of marriage certificate (with certification of translation if not in English) J1 Visa Holder's Documents for J2 EAD Copy of all DS-2019 Copy of passport pages front and back Copy of all visa stamps Copy of I-94 form Last 3 months' pay stubs J2 EAD Sample Check I am attaching a sample check so that you can verify it. The J2 EAD application fee is $410 and your check should be payable to "U.S. Department of Homeland Security". Don't forget to date and sign it. At the back of the check (optional), you can mention the applicant's I-94 number with a light pencil. J2 EAD Premium Processing Premium processing is not available for J2 EAD applications. Only certain categories of F1 visa holders can apply for premium processing for the I-765 form. You can read about this in detail here. Related: How to apply for premium processing? J2 EAD Filing Address Please consult the USCIS website to find the appropriate filing address for your J2 EAD application. The website will provide location-specific details for sending all the required documents. For overnight or courier delivery, FedEx has been our preferred choice, but you can choose a service that suits your convenience. To organize the documents, we recommend using file binders with tabs, labeled and numbered as mentioned in my other post. This organization makes it easy for the officer to review all the documents efficiently. Arrange the documents following the structure outlined in the sample cover letter. When attaching the check, use a paper clip and affix it to a blank page. Similarly, place the photos in a small envelope and attach them with a paper clip to a blank page. Avoid using a stapler. This method helps keep your application organized and facilitates a smoother review process. J2 EAD Status Check Upon receiving your case, USCIS will issue a receipt notice (Form I-797C) containing a unique receipt number. This number allows you to check your case status online. You can visit the USCIS website to track your case using this link. Please don't hesitate to post any questions in the comment section, and I will do my best to provide helpful answers. Best of luck! FAQs on J2 EAD What is the J-2 category for EAD application? J-2 visa holders, who are dependents of J-1 visa holders, can apply for Employment Authorization Document (EAD) under category (c)(5). Do I need any sponsorship to apply for J2 EAD? No, you don't need any form of sponsorship for the EAD application. You can file for a J2 EAD card as long as you are a dependent of a J-1 visa holder and possess a valid DS-2019. Can J-2 work without EAD? No, a J2 visa holder needs a physical EAD card to begin working. Next: J1 Waiver Process Related Posts ✔ Go to Main Menu ✔ How long can I stay after J1 visa expires? ✔ How can I get a green card? Related Topics

Most J1 visas are subject to the 2-year rule if not all. This requirement is a part of U.S. law, specifically in the Immigration and Nationality Act, Section 212(e); therefore, it is also known as the 212(e) rule. According to the J1 visa 2-year rule, once you finish working on a J1 visa, you need to return to your home country for two years before being eligible to apply for any other type of visa (e.g., H1, L1, etc.). If you do not wish to return and want to continue your stay in the U.S., you need to obtain a waiver from the Department of Homeland Security. I, too, was subjected to the J1 visa 2-year rule, and to continue my stay in the U.S., I obtained a J1 waiver. I documented my entire journey in obtaining the J1 waiver; please check it out here. Related: How to obtain a J1 waiver? If you are subjected to the J1 visa 2-year rule, then to change your visa to a different visa type or to obtain permanent residency, you must obtain a waiver or fulfill the home residency requirement. Still, several questions arise in one's mind, including mine, and I have tried to answer them here. How do I know that I am subjected to the J1 visa 2-year home residency rules? Check your DS-2019 (current or previous) to determine if you are subject to the 212(e) rule. Alternatively, you can also check your J1 visa stamp. The J1 visa stamp will state that 'Bearer is subject to Section 212(e), and the two-year home residency rule does apply.' In my case, it was indicated on my J1 visa stamp. Who is subjected to the J1 visa 2-year home residency rules? International visitors are subjected to this rule if they fall under any of these criteria. If a J1 exchange visitor is here to receive medical education or training If J1 exchange visitors funding comes partially or fully from the US government or a foreign government If the J1 exchange visitors field is on the skills list specific to his or her home country. For the complete list please check out the USCIS website What are the J2 visa travel restrictions? The immigration status of a J-2 holder is closely linked to that of the J-1 principal. While a J-1 visa holder can temporarily travel outside the USA (e.g., for a conference or business trip), leaving J-2 dependents alone in the USA for more than 30 days is not permitted. Will J2 be also subjected to the home residency rule? If the J1 visa holder is subjected to 2 year home residency requirement then the J2 is automatically subjected as well. How do I apply for a waiver from 212(e) or the 2-year home residency rule? Please check out my blog here: J1 waiver end-to-end process Do I need to file separate waivers for J1 and J2? No, once the J1 visa holder is granted a waiver by the Department of Homeland Security then all its J2 dependents will get the waiver automatically. I am not a lawyer, but I'm sharing my J1 visa journey. Keep in mind to check USCIS websites for recent updates. Feel free to drop any questions in the comment section, and I'll do my best to provide answers. Next page Related Posts ✔ Go to Main Menu ✔ How long can I stay after my J1 visa expires ✔ How to convert from a J1 visa to H1B ✔ How to apply for J2 EAD Related Topics

A change of status from an H1B to a J2 visa is a rare occurrence. Typically, it is the opposite, individuals on J visas often seek to obtain an H1B visa. Nevertheless, there are scenarios where you might find it necessary to change your visa status from H1B to J2 dependent. One of the common reasons could be the loss of a job on an H1B visa, leading you to consider switching to your spouse's J1 dependent visa. This allows you to remain in the United States without the need to depart. After filing for a change of status, you can obtain a J2 Employment Authorization Document (EAD) and resume working. It's crucial to maintain a valid job status on H1B; otherwise, you may fall out of status. However, there is a grace period of 60 days before you officially lose your status. If you happen to lose your job on H1B for any reason, you must find another job and return to the payroll within those 60 days. You can read about this in detail here: H1B grace period. Table of Contents: H1B to J2 Change of Status J Visa 2-Year Rule J2 Change of Status Option 01 Option 02 H1B to J2 Change of Status Process Documents Required H1B to J2 Processing Time FAQs I was on an H1B visa and I want to share my experience with H1B to J2 visa change of status. No one wants to lose their H1B status, but sometimes you have no other option. I had completed roughly 4.5 years on H1B and due to some reason, I had to quit my job. Luckily, my wife was working on a J1 visa, and I had the option to change my status to J2 dependent. In this blog, I will share what steps I took, and you might find this useful. Note that I am not a lawyer and I just requested Dataneb team to publish my story so that others can find it useful. Please consult a lawyer if you have any doubts. J Visa 2-Year Rule Before you decide to file an H1B to J2 change of status, it's really important to understand the J visa 2-year rule. You can read about in more detail regarding the J visa 2-year rule here. You might be aware that J visas are valid for up to 5 years. However, J visas are subject to a 2-year home residency rule. After completing 5 years on a J visa, J visa holders have two options. The first option is to return to your home country and serve for 2 years. The second option is to request a J1 waiver and continue residing in the United States by switching to another visa, such as an academic H1B, or by applying for a green card. Ultimately, you would need a waiver to switch to another visa. As I changed my status from H1B to a J2 visa, I became subject to the 2-year home residency rule. So, if you are planning to change your status to J2 dependent, keep in mind that you will be subject to the J visa 2-year home residency rule. It's not the end of the world, though; you can always apply for a J1 waiver. However, it's a lengthy and time-consuming process, and sometimes, it gets denied as well. Related: How to apply for a J visa waiver The good part is that J2 visa holders automatically receive a waiver when the primary J1 visa holder obtains one, so there's no need to apply for it separately. Additionally, J1 visa holders must get a waiver anyway if they are subject to the 2-year rule. J2 Change of Status There are two options for filing a J2 change of status, depending on where you are filing it. One way is to return to your home country and file through the DS-160 form. The second option is to file for a change of status while living in the US using form I-539. Option 01 The fastest option is to travel back to your home country, apply for a J2 dependent visa, attend a visa interview, obtain the visa stamp, and then return to the US. This process is similar to how you apply for a B2 tourist visa. This process could take a couple of months, depending on how soon you can secure a visa interview date. For example, the current appointment wait time for the J visa type in New Delhi is 25 calendar days. Related: How to apply for a B2 visa? After returning, you can apply for J2 EAD, a process that may take between 3 to 15 months depending on the service center handling your application. You can find the USCIS processing times here. An example is shown below for the California Service Center. One important thing to note is that you can only apply for J2 EAD after returning to the US; this cannot be done from India or your home country along with the J2 visa application. Option 02 The second, slower option is to apply for a J2 change of status (using form I-539) while living in the US. Once your change of status is approved, you can then apply for J2 EAD. You can do this yourself, it's not much paperwork. You also have a premium processing for I-539 filing. You can read about this in detail here. In my case, I chose this option as I needed to support my family in the US. The entire process took me 10 months — 7 months to have the change of status approved and an additional 3 months to obtain J2 EAD. The duration may vary based on the service center processing your I-539 form; you can check the processing time on the USCIS website here. J2 EAD is granted for a year and can be extended annually, making the renewal process straightforward. The positive aspect is that, unlike H1B, you don't need any sponsorship for J2 EAD. You have the flexibility to work anywhere without any restrictions. Related: How to apply for J2 EAD H1B to J2 Change of Status Process On a high level, you will end up following these steps. I completed all the steps without involving a lawyer, and it's a straightforward but time-consuming process. If you plan to stay in the US, Obtain a DS-2019 Form: The university or sponsor of the J1 visa holder will provide you with a DS-2019 form, which you need to file the J2 change of status. Fill Form I-539: If you are planning to file a J2 change of status while living in the US (Option 02 discussed earlier) then you would need to fill out the I-539 form (Application to Extend/Change Nonimmigrant Status), pay the fees, and submit the form. This form is available on the USCIS website. Include Supporting Documents: You will need to provide supporting documents along with the I-539 form. I have mentioned the list of documents required for filing a J2 change of status in the next section. Receive Approval: Once all the documents are ready, you need to post them to USCIS. You can find the mailing address on the USCIS website here. Once approved you will find updated I-94 details on the USCIS I-797 approval notice. File for J2 EAD: You can find all the steps to file J2 EAD in this blog. If you are planning to visit your home country (Option 01 discussed earlier), then you would need to obtain DS2019 and fill DS-160 form like how you get a B1/B2 visa, it's a similar process. The university will issue you the J2 dependent DS2019 form Go back to your home country and fill DS-160 form Make payment and book the interview dates Get passport stamped Come back to the US and apply for J2 EAD Documents Required for Filing H1B to J2 Change of Status If you are planning to file it while staying in the US, then you would need the following documents. I included all of these documents and a few of them might not be even required by USCIS. But I wanted to make sure there is no document missing and thus I included all of the following. Cover letter Completed I-539 Form Copy of DS2019 (J1 & J2 both) J1's latest pay stubs (3 months) Latest I-94 form (J1 & J2 both) Copy of H1B Approval Notices Copy of all pages Passport and Visa (J1 & J2 both) Marriage Certificate (for evidence of the relationship) Marriage pics H1B to J2 Processing Time The J2 change of status process may take anywhere from 3 to 15 months, depending on which service center is processing your I-539 request and its current processing time. Alternatively, if you are planning to visit your home country, the J2 change of status process may be faster, depending on the availability of biometrics and interview appointments. If you find suitable dates, traveling back to your home country becomes a better option. Additionally, if you are applying for J2 EAD, that might take another 2.5 to 7 months. Again, the processing time depends on the I-765 processing time at various service centers. I hope you find this blog helpful. Please feel free to comment if you have any questions, and I would be happy to help. FAQs: H1B to J2 Change of Status Does the H1B 6-year period still apply to me after the J2 change of status? No, once you change your status to a J2 visa, the 6-year H1B max period does not apply to you. But the J visa 2-year home residency rule does apply. Can I work on a J2 visa? Yes, you can work on a J2 visa after receiving J2 EAD. You don't need any sponsorship like H1B. You can work part-time, full-time, or any number of hours similar to other EADs. How to apply for a J2 waiver? J2 dependents don't need to apply for a waiver separately. The J1 waiver will cover their dependents as well. See how to apply for a J visa waiver, read more. Can I travel outside the US on a J2 visa? Yes, you can travel outside the United States on a J2 visa as long as you have a valid visa, otherwise, you will need stamping. Can a J2 visa be converted to J1? If the J1 principal is subject to the 2-year home residency requirement, then the J2 can't change status to J1 unless a waiver is issued. It's better to apply for J2 EAD and work. Can a J2 visa be converted to H1B? You would need a waiver before converting to H1B if the J1 principal is subject to the 2-year home residency requirement. Next: How to apply for J2 EAD Related Posts ✔ Go to Main Menu ✔ How long can I stay after my J1 visa expires? Related Topics

There are five main steps to apply for a passport for minors in the United States. First thing, obtain the minor's birth certificate. Second, fill out the DS-11 form (child passport application form). Third, gather the necessary documents for the minor's passport application. Fourth, obtain a photo of the minor. Finally, apply and track passport application progress. I will share all the paperwork, forms, fees, and documents needed for a passport application for minors. Please note that passports for minors under the age of 16 are only valid for five years. All children under the age of 16 must apply for a passport in person with two parents or guardians using Form DS-11. Table of Contents: Passport Application for Minors Introduction Birth Certificate DS-11 Form for Minors Documents Required for Passport for Minor Absent Parent Passport Form Infant Passport Photo Requirements Submit and Track Child Passport Application Receive the Passport Conclusion Passport Application for Minors You need a passport for minors, an essential travel document that serves as proof of identity and citizenship. It becomes particularly important for various reasons, such as international travel with parents, studying abroad, or attending family events overseas. There could be several other reasons why obtaining a passport for a minor is necessary, so it's advisable to get it as soon as you find the time. In the United States, acquiring a passport for minors is a straightforward process, and this blog will help make it simpler for you. I have personally gone through this process, having obtained the passport for my son when he was just a few months old. Obtain a Birth Certificate Before applying for a minor's passport, ensure that you obtain the birth certificate from the county office or state where the child was born. This process is typically straightforward; in my case, everything was arranged at the hospital, and I was instructed to collect the birth certificate from the county office within 2 to 3 weeks. If you are a California resident, you can also apply for it through this link. An authorized and certified birth certificate is generally accepted as a valid document for various legal purposes, including travel, passport applications, proof of citizenship, social security, driver's licenses, school registration, personal identification, and more. Image credit: Wikipedia DS-11 Form for Minors The DS-11 form is available online; you need to download, print, and then fill it out by hand. While you can also obtain the form in person, why complicate it? Follow this link to download the latest copy of the form. Please do not sign the form until instructed by the accepting agent. Provide accurate information when filling out the form. Detailed instructions for minor passports for those under 16 can be found at this link. Documents Required for Passport for Minor Next, let's discuss the documents required for a passport application for minors. Before applying, ensure that you have the following required documents and paperwork ready. Minors Passport Application Form: Completed DS-11 form from the previous step. Proof of Parental Relationship and Minor's U.S. Citizenship: Birth certificate, adoption decree, divorce/custody decree, and the child's SSN. Documents for Parents: Evidence of your immigration status or U.S. citizenship/passport, government-issued state ID or driver's license, permanent residency card or green card, etc. Payment for the Passport Fee: Remember to bring your checkbook. Different fees apply based on the processing time of the passport, as shown in the screenshot below. The expedited option incurs additional fees, and the processing time varies. The issuing agency will provide the exact days/backlog and the associated fees. We received the passport in 6 weeks. Minors Photograph for the Passport: This has been discussed in the next section. Be sure to take printouts of these copies as you may be required to submit photocopies. Absent Parent Passport Form While both parents should visit the passport facility together, I understand that individual situations vary. In our case, both of us attended together, and for most of you, I believe it will be the same, allowing you to skip this step. However, if one parent is unable to attend, please follow these guidelines, the applying parent must demonstrate sole legal custody or obtain consent from the absent parent. This requires a notarized Form DS-3053: Statement of Consent from the absent parent or legal custody documents confirming sole legal custody. You can download DS-3053 here. Infant Passport Photo Requirements You have the option to take the newborn passport photo yourself or at a studio. If you are taking the photo yourself, please keep these infant passport photo requirements in mind: The photo should be in color, not black and white. Do not use any filters or special effects; the image should be clear and focused. The photo should not be older than 6 months. The background should be white or off-white. Avoid dressing in white. Remove any head coverings or glasses. Ensure that both ears are visible. Some passport facilities may also provide this service for an additional charge. We had newborn photographs taken at the passport facility. You can locate the passport facilities in your zip code here. In any case, please do not staple the photo to the DS-11 form. Instead, take the photo with you and show it to the agent at the passport facility. They will assess if the photo is correct and staple it there. I opted to have my newborn's photo taken at the passport facility. Submit and Track Child Passport Application Take the completed DS-11 form, required documents, and payment to a passport acceptance facility or passport agency, which you can locate using the zip code mentioned in the previous section. Passport acceptance facilities are typically found in post offices, libraries, and courthouses. Some facilities may require an appointment, so it's advisable to check in advance. During your visit, a passport acceptance agent will review the application and documents, administer an oath to the applying parent(s) or guardian(s), and ask you to sign the DS-11 form. You can track your child's passport application here. Receive the Passport After applying for a minor's passport, the process of issuance begins. Once the application is processed, the passport will be printed and mailed to the address provided on the application. Upon receiving the passport, carefully review all the details, including the spelling of the minor's name, date of birth, place of birth, and other relevant information. Additionally, sign the passport following the instructions provided. Conclusion In summary, applying for a passport for a minor involves gathering the necessary documents, completing the DS-11 form, submitting the application and payment to a passport acceptance facility, tracking the application's status, and finally, receiving the passport. Following these steps ensures a smooth and stress-free process. If you have any questions, feel free to ask in the comments section below—I'll do my best to assist you. Related Posts ✔ H1B grace period after lay-offs ✔ How to apply for an OCI card Related Topics

Urgent Humanitarian Reasons USCIS Expedite Request relates to issues concerning human welfare, with examples such as illness, disability, extreme living conditions, bereavement within the family, a pressing need to travel urgently for medical treatment, and more. Note that "Urgent humanitarian reasons USCIS expedite request" is different from the "USCIS premium processing" service where you have to pay a fee upfront to speed up your visa application and receive the result within a specified number of calendar days. If your situation qualifies for humanitarian reasons, you may be eligible to submit a USCIS Expedite Request, and there are no fees for this process. A USCIS expedited request can only be made after receiving the case number. Table of Contents: Urgent Humanitarian Reasons USCIS Expedite Request USCIS Expedite Request vs. Premium Processing USCIS Expedite Request Reasons Severe financial loss to a company or person Compelling US government interests Clear USCIS error Urgent Humanitarian Reasons Examples Medical Emergency Examples Death or Funeral Examples Safety Concerns Examples Family Separation Economic Hardship Educational Opportunity Natural Disasters Military Deployment Aging Out Adoption or Child Custody USCIS Expedite Request Letter Sample How to Make an Expedite Request FAQ's USCIS Expedite Request vs. Premium Processing Both, USCIS expedite request and premium processing are options to speed up your visa application. However, it's important to note that USCIS typically does not consider expedited requests for petitions or applications where premium processing service is available. USCIS Premium Processing USCIS premium processing provides expedited processing for Form I-539, Form I-129, Form I-140, and Form I-765 (EAD) for a fee that varies between $1500 to $2500. Form I-907 is used for filing premium processing requests. To see how you can request premium processing refer to the following blog. Related: How to request USCIS for premium processing? A premium processing fee of $2,500 applies to Form I-129 requests for E-1, E-2, E-3, H-1B, H-3, L (including blanket L-1), O, P, Q, or TN nonimmigrant classification. A premium processing fee of $1,500 is applicable for Form I-129 requests for H-2B or R nonimmigrant classification. For Form I-140 requests for EB-1, EB-2, or EB-3 immigrant visa classification, a premium processing fee of $2,500 is required. Form I-539 requests seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 nonimmigrant status are subject to a premium processing fee of $1,750. Premium processing of Form I-765 with eligibility category (C)(3)(A), (C)(3)(B), or (C)(3)(C) entails a fee of $1,500. USCIS Expedite Request Reasons USCIS expedite request reasons - Apart from emergencies and urgent humanitarian reasons which we will discuss next, USCIS may consider expediting your case based on the following reasons: Severe financial loss to a company or person This is one of the most common USCIS Expedite Request reasons and chances of getting acceptance are high if you have concrete evidence to prove it. You should have the supporting evidence ready (USCIS may or may not request it). Related: How did I expedite green card processing? A company shows that it will face a big money problem if it is in danger of failing, losing an important contract, or needing to let go of its workers. Losing one's job can be enough to show a significant financial loss for someone, depending on their specific situation. In either case, you have to provide sufficient documents to prove your request. Documents like an employment termination notice from the employer, foreclosure notices, letters of request from lenders, etc. would help your request. To be eligible, USCIS will check how promptly you responded to any requests for evidence or additional information and whether your application was submitted on time. If these aspects are satisfactory, USCIS might consider your case. Compelling US government interests If your case is identified as urgent by other government agencies such as the U.S. Department of Defense, U.S. Department of Labor, National Labor Relations Board, Equal Opportunity Commission, U.S. Department of Justice, U.S. Department of State, U.S. Department of Homeland Security, or other public safety or national security interests, then your expedite request has high chances of getting acceptance. Clear USCIS error If the individual can provide evidence of USCIS's mistake and its impact on their immigration status, USCIS may grant the expedited request to rectify the error and expedite the processing of their visa extension application. Related: H1B visa to B2 visa Urgent Humanitarian Reasons Examples There could be several types of reasons for urgent humanitarian expediting, which may vary from case to case. Examples include, but are not limited to, illness, disability, extreme living conditions, a death in the family, or a critical need to travel to obtain medical treatment in a limited amount of time. When it comes to expediting requests, the United States Citizenship and Immigration Services (USCIS) follows a case-by-case evaluation process. Each request is carefully considered, and in some cases, additional evidence may be required to support the request. You should have enough evidence to prove two things for the USCIS Expedite Request: Urgency (time-sensitivity), remember that NOT all humanitarian reasons are time-sensitive, and The reason itself It is important to note that USCIS holds the sole authority to decide whether to accommodate an expedited request. This discretionary power allows them to carefully assess the circumstances and make an informed decision. So, if you are considering a USCIS Expedite Request, be prepared to provide any necessary supporting documents and understand that the final decision rests with USCIS. Everyone has a unique situation and needs. You should submit USCIS Expedite Requests only when you have a valid reason. You can read more about the expedited requests on the USCIS website here. Medical Emergency If the applicant or a family member is facing a serious medical emergency that requires immediate attention in a very limited amount of time, then you can submit a USCIS Expedite Request. It must be supported by documentation like medical bills, medical history, a letter from a doctor, a photo of the injury, etc. Examples Illness: My immediate family members have been diagnosed with a critical illness, and their condition requires my immediate presence to provide necessary care and support during their treatment. Serious medical condition: A close relative is facing a life-threatening medical condition, and I need to be by their side to assist with medical decisions and provide emotional support. Urgent surgery: A family member is scheduled for urgent surgery, and I am required to be present to help with their recovery and ensure their well-being during the postoperative period. Aging parents: My elderly parents, who are U.S. citizens, are facing serious health challenges and need my assistance and care. Death or Funeral If a close family member has passed away, and your presence is necessary to attend the funeral and provide crucial support to your grieving family, please be prepared to provide proof confirming the need for your immediate presence. Documents like death certificates, newspaper articles, police reports, or public announcements would support your expedited request. Related: How to apply for H4 EAD? Examples Emergency travel: My immediate family member has passed away, and I need to travel to the United States urgently to attend the funeral and provide support to my grieving family during this difficult time. Funeral arrangements: A close relative has passed away, and I need to be present in the U.S. to help make necessary funeral arrangements and support my family through the mourning process. Safety Concerns If the applicant or a family member is facing immediate danger, such as domestic violence, war, or persecution. Examples I am a victim of domestic violence and need to leave the country immediately for my safety. I am a survivor of a recent natural disaster, and my presence is crucial for my family's recovery and rebuilding efforts. Family Separation If the applicant or a family member is facing a situation where they may be separated from their family, a USCIS Expedite Request might be submitted. Economic Hardship If the applicant or a family member is facing extreme financial hardship, such as the loss of a job or inability to provide necessities. Educational Opportunity If the applicant or a family member has been offered a unique educational opportunity that will expire soon, a USCIS Expedite Request might be submitted. Related: How to extend parent's visa beyond 6 months? Natural Disasters If the applicant or a family member has been affected by a natural disaster, such as a hurricane, earthquake, or flood. Aging Out If the applicant is a child who is approaching the age of 21 and will age out of their immigration status, a USCIS Expedite Request may be necessary to avoid losing their ability to immigrate. Related: How to renew your Indian passport in the US? Adoption or Child Custody If the applicant or a family member is in the process of adopting a child and there is a time-sensitive deadline, it may become necessary to submit a USCIS Expedite Request. Read more. If the applicant shares custody of a minor child with a U.S. citizen and needs to be present to ensure their well-being and proper care. USCIS Expedite Request Letter Sample [Your Name] [Your Address] [City, State ZIP Code] [Phone Number] [Email] [USCIS Case Number] [Date] Subject: Expedite Request based on Urgent Humanitarian Need Dear Sir/Madam, I am writing to request that my application be expedited due to urgent humanitarian circumstances. I am currently in an alarming situation that requires urgent attention, and I hope you can help me process my application as soon as possible. [Insert brief background about your situation, including details about the urgent humanitarian need that requires expedited processing. Be sure to include specific details that support your request.] Due to the urgency of my situation, I humbly request that you expedite the processing of my application. I understand that the processing of my application may take time, but I am confident that your office can help me in this difficult time. I have attached the necessary documents to support my expedited request. Please let me know if you require any additional information to process my request. Thank you for considering my request. I appreciate your time and assistance in this matter. Sincerely, [Your Signature] [Your Name Printed] How to Make an Expedite Request with USCIS? To initiate an Expedite request with USCIS, follow these steps: Obtain your receipt number. Keep your supporting documents, case number, and the reason for the Expedite request handy. Contact USCIS at 800-375-5283 or chat with Emma, the USCIS virtual assistant. Make an Expedite request over the call or chat service. Obtain the Expedite service request number. Monitor the status of your immigration application, petition, or request. Receive an email requesting supporting documents (Note: In some cases, USCIS may approve the application without additional documentation). Submit the required supporting documents (via email). Await the decision on your Expedite request. Await the decision on your overall USCIS application. FAQs on USCIS Expedite Request How to contact USCIS to make an Expedite request? To contact USCIS and make an Expedite request, you have the following options: Phone Call: You can call the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833). Emma (USCIS Virtual Assistant): You can use Emma, the USCIS virtual assistant, available on the USCIS website. You can access Emma's chat service on the top right corner of the USCIS website. Provide your case number and explain the reasons for the Expedite request. Contact Through an Attorney: If you have an immigration attorney, they can assist you in making the Expedite request on your behalf. Can I make a USCIS Expedite request before receiving the receipt number? No, you can only make a USCIS Expedite request after receiving the case number for your original USCIS petition or application. What's the USCIS Expedite request fee? The USCIS Expedite request fee is $0; there is no charge for making an Expedite request. What is the processing time for a USCIS Expedite request Typically, you will receive the USCIS response within 7 to 10 days via email. While your case status may also reflect the Expedite request, sometimes USCIS does not update the request status, so it's important to keep a watch on your email. On what basis can I make a USCIS Expedite request? You can make an Expedite request on the following grounds: Severe financial loss to a person or company Urgent humanitarian reasons Clear USCIS error Compelling US government interests Can job loss be considered a reason to make an Expedite request? Yes, according to USCIS, job loss may be sufficient to establish severe financial loss for an individual, depending on the specific circumstances. Is there any form to submit a USCIS Expedite request? No, there is no specific USCIS Expedite request form. You can make a USCIS Expedite request by calling or chatting with Emma. How to submit the supporting documents for the USCIS Expedite request? To submit supporting documents for the USCIS Expedite request, USCIS will contact you via email with the necessary details. So, wait for their response after you make Expedite request. When can't I make a USCIS Expedite request? Typically, USCIS Expedite requests are available only for applications where premium processing is not an option. If your application is eligible for premium processing, it is recommended to request that service instead of USCIS expedited processing. Related: How to request premium processing? What are the documents that can be used to support my USCIS Expedite request? The documents you can use to support your USCIS Expedite request may vary depending on the nature of your request and the specific circumstances. However, common documents that may be useful include: Evidence of Severe Financial Loss: Bank statements Rental agreement Tax records Proof of outstanding debts or financial obligations, etc. Urgent Humanitarian Reasons: Medical records/receipts Letters from medical professionals Documentation supporting the urgency of the situation, etc. Clear USCIS Error: Any correspondence or notices indicating the error Clarifying documents demonstrating the correct information Compelling U.S. Government Interests: Letters of support or recommendation from government agencies Documents highlighting the importance of the case to the government Can I request an Expedite request for an EAD? Yes, you can make an Expedite request for an EAD if there is no premium processing service available, and you have a compelling reason. Read more. Does the result of the USCIS Expedite request impact my original application or petition? If your Expedite request is denied, it means that USCIS has determined that your case does not meet the criteria for expedited processing. Your original application or petition will continue to be processed through the standard timeline, and the denial of the Expedite request does not impact the outcome of your overall case. Hopefully, this article will help you understand what could be the reasons behind the urgent humanitarian need. Please note that I am not a lawyer and I am only sharing experiences based on people whom I know directly or indirectly who might have gone through a similar situation. Next: USCIS Premium Processing Related Posts ✔ Go to Main Menu ✔ How to apply for a minor's passport ✔ H1B grace period after layoff Related Topics

The most common US visa rejection reasons for B1/B2 tourist visas are insufficient ties to the home country, financial insufficiency, an unclear purpose of visit, incomplete documentation, a criminal history, and sometimes, a lack of travel history. It can be hard to find just one main reason why US tourist visas (B1/B2 visas) are often denied, but one common reason is usually not having strong connections to your home country. The counselor officer needs to be convinced that you have good reasons to go back home after you visit the US. If you don't have a permanent job, family connections, or important things like a house in your home country, it might be seen as a problem. Table of Contents: US Visa Rejection Reasons Lack of strong ties to the home country Inaccurate documentation or conflicting information Insufficient funds Criminal record or previous immigration violations or overstays Lack of travel history Failure to demonstrate intent to return FAQs US Visa Rejection Reasons - Introduction In this blog, I will talk about why people often don't get approved for a US visa. I've applied for a B1/B2 visa for my family many times, so I know a lot about why tourist visas can be turned down. I'll explain all the reasons in simple terms and share what I've learned from those experiences. Plus, I'll give tips on how to make your chances of getting approved better. Lack of strong ties to the home country If the consular officer believes that the applicant does not have sufficient ties to their home country, such as a stable job, property, or family, they may view the applicant as having a higher risk of overstaying in the United States. The consular officers need to be convinced that the applicant has strong reasons to return home after they visit the US. To address concerns about a "lack of strong ties to the home country," you can provide: Employment Verification Letter from your employer, or employment letter Recent pay stubs Financial Statements Bank statements with sufficient funds Family Ties Marriage or birth certificates Letter from a family member Property Ties Property ownership documents If renting, provide lease agreements Educational Ties Enrollment or acceptance documents Business Ties Business registration or tax records Return Flight Reservation Round-trip flight reservation Inaccurate Documentation or Conflicting Information Failing to provide complete and accurate documentation to support the purpose of the trip or other required information can lead to a visa rejection. Also, providing inconsistent or conflicting information during the visa interview or on the application form can lead to a rejection. It is essential to provide accurate and consistent information throughout the process. Related: B2 visa interview questions It's really important to thoroughly review the information you are providing in the DS-160 form, and if possible get it reviewed by someone else. Make sure your supporting documentation has up-to-date and accurate information. Insufficient Funds If you can't show you have enough money to pay for your trip to the United States, it might make the counselor officer worry that you won't be able to take care of yourself while you're in the US. This could lead to them saying no to your visa request. I've seen rejections not because I didn't have enough money but because I didn't know about this. I always make sure that the bank statement has at least 2.5 lakhs or more (for the B2 visa applicant). Related: How to apply for a B2 visa for parents? Criminal Record or Previous Immigration Violations or Overstays If you have a history of committing crimes or breaking immigration laws, it might cause concerns and lead to your visa being denied. This is especially true if the violations are seen as serious or related to security issues. There isn't much you can do to change this, so it's important to be honest if the consular officer asks about your history. Furthermore, having a history of visa violations or overstaying a previous visit to the United States can significantly impact your chances of obtaining a new visa. To increase your chances of approval, it's crucial to avoid overstays during your visits to the US. Lack of Travel History Applicants who have never traveled outside their home country or have a limited travel history may face greater scrutiny, as they may be perceived as having a higher risk of visa misuse or potential immigration violations. If you've been to another country before and you're applying for a US visa, it's better for your chances. Also, when you visit the US again, the officer might not ask you as many questions as the first time because they know you plan to go back, and you've shown that with your past travels. Failure to Demonstrate Intent to Return A crucial factor in obtaining a B1/B2 visa is demonstrating a genuine intention to return to the home country after the visit. If the consular officer believes that the applicant has immigrant intent or plans to overstay in the United States, they may deny the visa. FAQs How many times can you enter the US on a B1/B2 visa? A B1/B2 visa for the United States is typically issued for multiple entries. This means that, during the validity period of the visa, you can enter and exit the U.S. multiple times. The Customs and Border Protection (CBP) officers at the port of entry will make the final decision regarding entry based on your eligibility and the purpose of your visit. How soon can I reapply for a U.S. visa after refusal? If your U.S. visa application is denied, there is no specific waiting period before you can reapply. However, it is generally advisable to wait until your circumstances have significantly changed or until you can address the specific reasons for the previous rejection. Next: B1/B2 Sponsorship Letter Related Posts ✔ Go to Main Menu ✔ How to apply for H4 EAD? ✔ How to extend a B2 visa after 6 months? Related Topics

If H1B or L1 visa holders are laid off, fired, or terminated from their job, either voluntarily or involuntarily or due to massive job cuts, USCIS immigration policy allows a consecutive 60 calendar days grace period, assuming that you have a valid I-94 document. There are several ifs and buts when it comes to finding a loophole in this situation, as no one wants to leave the country unplanned. But the formula is simple, the H1B maximum grace period is 60 days, and it starts the day after termination of employment, which is typically determined based on the last day for which a salary or wage is paid. The severance scenario might vary a little which I will explain shortly. Do not trust anyone if someone is giving you any dissimilar information, except a lawyer or the USCIS website itself. Remember that you can always look for a sponsor from your home country and come back anytime, instead of jeopardizing your whole situation. Going back to your home country is not the end of the world. USCIS: Options for nonimmigrants workers following termination of employment According to U.S. immigration law, H1B workers are permitted a 60-day grace period after the termination of their employment to either find a new job and transfer their H1B visa to the new employer, or you can file a change of status to H4, L2, B1/B2, or F1 visa, the situation would vary case to case, or depart to your home country. Table of Contents: H1B Grace Period 01. What If I-94 expires first? 02. What happens to H4 EAD? 03. USCIS 60-day rule 04. H1B Grace Period Carryover 05. H1B Grace Period with Severance Pay Google severance package example 06. H1B Grace Period with an Approved I-140 A. I-140 is Pending B. I-140 is Approved but < 180 days C. I-140 is Approved and > 180 days 07. Options after H1B, L1 Layoffs 08. I-140 EAD under Compelling Circumstances 09. H1B Grace Period 180 Days Extension USCIS FAQs A few of my close friends who are on H1B and L1 visas have personally gone through this situation hence sharing this experience with everyone. Please note that I am not a lawyer and my suggestion is purely based on people I know, friends, and colleagues. Related: B1/B2 visa for parents I see several discussions on social platforms discussing the H1B grace period due to the past COVID situation or due to massive job cuts including both types of people who have either pending or approved I-140. In any scenario, maintaining H1B status should be your foremost priority, and do not listen to rumors or people who try to sell you something digitally via Tweets or posts, or some news that is not announced by USCIS. I am sharing what I have seen so far, hopefully, you all find this blog helpful. 01. What If I-94 expires first? If your I-94 is expiring soon, that means your permitted stay in the United States is about to come to an end and if your I-94 document is expiring within those 60 days' grace period, then the I-94 end date will be considered as your last day in the United States and not the 60 days grace period, in short, whichever comes first either I-94 expiry date or 60 days grace period end date will be considered your last day. Related: How to expedite GC processing You should have a valid I-94 status even during the 60-day grace period. I-94 defines your maximum permitted length of stay in the US. Example: If you are fired and you have an I-94 expiring within the next 60 days then you are not allowed to have 60 days of the grace period. Before the I-94 expiry date if you can not find a new employer then you have to travel back to your home country or file a change of status. The same grace period applies to H1B dependents as well. 02. What happens to H4 EAD? H4 EAD can work during the H1B grace period but if the primary H1B visa holder can not find a new job or sponsor within the 60 days grace period then H4 EAD can not work as H4 EAD is valid only when the H1B visa holder maintains a valid H1B status. After 60 days of the grace period, the H1B visa holder goes "out of status", thus H4 dependents as well. Related: Apply for H4 EAD 03. USCIS 60-day rule Before Jan 2017, there was no such grace period for H1B and L1 visa holders. So during that time if you lose your job then you had no other option but to travel back to your home country within 10 calendar days. But later USCIS announced a 60-day grace period if certain non-immigrant visa holders like H1B, or L1 lose their jobs due to layoffs or job cuts, or any other unforeseen reasons before the actual petition ends. This 60-day stay helps H1B visa holders to look for a new job. This grace period is not valid if your petition is already coming to an end. According to USCIS: Regulations permit a discretionary grace period that allows workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN classifications (and their dependents) to be considered as having maintained status following the cessation of employment for up to 60 consecutive calendar days or until the end of the authorized validity period, whichever is shorter (See 8 CFR 214.1(l)(2)). Read more. 04. H1B Grace Period Carryover 60 days H1B grace period does not carry forward which means if you are using the grace period now then you will not have any grace period left on the present petition whether you use the complete 60 days or a portion of it. Usually, this never happens, in most cases either individuals find a new employer within the grace period or travel back to their home country. This case would happen, for example, when you join back the same employer who was firing you within the grace period, and for some reason, they decided to fire you again. Very rare but you never know. Related: Renew your Indian passport in the US If your new employer files an H1B transfer and gets your petition approved then you get another 60-day grace period on your new petition. 05. H1B Grace Period with Severance Pay In a few states, companies provide severance packages but it's not mandatory in all states. For example, In California, it's mandatory to give 60 days advance written notice in case of mass layoffs and terminations. You can refer to the Department of Labor WARN Act here. However, there is no such hard rule for employers to provide a severance package to an employee upon the termination of employment. You can refer to the Department of Labor Severance Pay details here. Most of the Bay Area giants like Google, Microsoft, Amazon, etc provided a 60-day notification period, or sometimes even more during recent year layoffs. Read more here. The notification period is considered separate from the H1B grace period. Read the following sample FAQ from the USCIS website. So, it depends upon your employer what severance package they provide to you, and most importantly, on paper, which date is considered as your last day of employment. According to USCIS, after the end of your employment which is your last day at work, your 60-day grace period starts. So let's say you are notified on Jan 31st, 2023 and you are getting a severance package till March 31st, 2023, your employment end date will be considered as March 31st, 2023 and you get another 60 days which will be your H1B grace period. Instead of presuming your last date of employment, it's recommended to talk to your employer and clarify what will be your employment end date, and whether there will be an additional H1B 60-day grace period on top of it. So depending upon your severance package offer, you might or might not qualify for an additional 60-day grace period. Like following example with Google's severance package which consisted of a 60-day notification period with pay, so you got an additional 60 days. You will have 120 days to prepare and find a new job. Again your foremost priority should be maintaining a valid H1B status, so do not take any decision until you are fully assured. Remember that you can always travel back to your home country and travel back again once you find a sponsor. That is a much safer bet. Also, there is no specific definition for a severance package, it depends upon the offer letter agreement between you and the employer which you signed before joining. It would be smart to get severance terms and conditions added before you sign any offer letter. You can read about this in detail in the following blog. Related: Severance package explained Google severance package example In the US, Google laid off 12K employees in Jan 2023 and this is the severance package Google offered: We will pay employees during the full notification period (minimum 60 days). We will also offer a severance package starting at 16 weeks' salary plus 2 weeks for every additional year at Google, and accelerate at least 16 weeks of GSU (Google Stock Units) vesting. We will pay 2022 bonuses and the remaining vacation time. We will be offering 6 months of healthcare, job placement services, and immigration support for those affected. Outside the US, we will support employees in line with local practices. With Google's severance package, Google offered 60 days (minimum) notification period, so you are on the payroll for the next 2 months which was until March 31, 2023, and the USCIS 60 days grace period will start after the last working day. So you would have enough time (120 days) to look for a new job in this case. Related: Fastest way to get H4 EAD 06. H1B Grace Period with an Approved I-140 In short, there is no major difference, it's still 60 day grace period according to USCIS rule but there is some benefit if your petition is approved over 180 days. Not in the grace period though that still depends upon the severance package offer discussed above. In either case, you have to find a new employer within 60 days starting from the last day of your employment. A. I-140 is Pending In this case, you are in the same boat as a normal H1B visa individual. If you don't have much time left on H1B (6 years maximum period) then you have to go through the whole process again, starting from the H1B lottery. If you still have a few years left on your H1B then you can find a new job within 60 days grace period, or file a change of status, if not, go back to your home country and find a new job and get the petition approved, and come back again. Make sure you get the I-140 initiated by your new employer so that you can extend your H1B beyond 6 years. B. I-140 is Approved but < 180 days If your I-140 petition is approved for less than 180 days, technically, your employer has still the right to revoke your approved I-140, that's the reason H1B visa holders find it safe to switch jobs after 6 months of I-140 approval. Related: OCI application for minor If your employer is withdrawing the I-140, you will get 60 calendar days which USCIS offers to find a new employer, or, you may have to travel back to your home country. When you find a new employer, they will have to file your petition again and you can join as soon as you have the receipt number. Your new employer will have to file your I-140 again as the old I-140 was withdrawn before 180 days. But usually, employers do not revoke the I-140 so you still get 60 calendar days to find a new employer. It's recommended to talk to your employer/or a lawyer in this case. C. I-140 is Approved and > 180 days If an I-140 petition has been approved for more than 180 days, then your employer can not revoke your I-140. In this case, you can extend your H1B visa unlimited times, extended for 3 years each time. You will be exempt from the H1B lottery. You would still need to find a new employer within the grace period of 60 days. Your priority date remains the same as your I-140 but you will need an updated I-140 with your new employer when the priority date comes closer and you have to file an adjustment of status, form I-485. Related: Current GC priority dates for India 07. Options after H1B, L1 Layoffs This could vary from case to case but these are options in the best order. If you are laid off either you have to find a new job, change your status, or go back to your home country. Start looking for a new employer. If you find a new employer within 60 days, you can start work on the receipt number. If not, you can always fly back to your home country and look for a new sponsor from there. If you do not go back to India, then you need to file a change of status. You can file a change of status yourself, or hire a lawyer. If you have the option to file H4, J2, or L2 dependent visas, go for this option. H4, J2, and L2 dependent visas are stronger cases than B1/B2 or F1 visas. If not, file a change of status to a B1/B2 tourist visa. Read more. But think about option 3, or option 8, instead of staying in the United States and wasting all your savings. Switching to a B1/B2 tourist visa would buy you 6+ months minimum. So after you apply you won't accrue unlawful status. Find a new job, file a change of status back to H1B, and withdraw the previous COS request. Read more. Go for higher studies and file a change of status to an F1 visa. Remember that going back to your home country is always recommended if you can't find a new job in 60 days. Again, please note I am not a lawyer and I am sharing this based on my personal experience. Related: H1B to J2 change of status 08. I-140 EAD under Compelling Circumstances It's very tough to say what USCIS considers as "compelling circumstances", you can find more details about it here. You may be eligible to file EAD, form I-765, under compelling circumstances within the grace period of 60 days. According to USCIS: Examples of compelling circumstances that may be considered for an Employment Authorization Document (EAD) include but are not limited to: Unexpected illness or medical condition of the primary applicant or a close family member Natural disasters, such as a hurricane, earthquake, or flood that significantly disrupts a business Significant disruption to the employer, going bankrupt, or a similar situation Unexpected harm or violence in the home country, making it unsafe for the applicant to return Related: Humanitarian reasons for faster processing 09. H1-B Grace Period 180 Days Extension USCIS As of March 10, 2023, according to USCIS latest update on options for non-immigrant workers following termination of employment grace period is still 60 days. Several people are claiming it has been extended to 180 days but it's not the case yet. You can read the USCIS update as of March 10, 2023, in more detail here. There might be a possibility that USCIS extends this grace period for impacted employees due to layoffs, but we don't know yet. If there is some extension, USCIS will post it on its website. FAQs on H1B Grace Period Can I travel during the grace period? Yes, you can travel during the grace period but you would need another immigration status to re-enter the United States. So it's not recommended to travel during the grace period. When does the H1B grace period start? The start date for the H1B grace period is typically determined based on the last day for which a salary or wage is paid whether you leave the job voluntarily or involuntarily. How does the severance pay affect the H1B grace period? You get a 60-day grace period from the date of termination of employment. It's recommended to check with your employer what is your official employment end date and you may count 60 calendar days from there. If your severance package offers you an extra notification period, that's a bonus for you. When can I start working on the grace period? As soon as your new petition is filed by your new employer and you have your receipt number, you can start work for the new employer. You don't need to wait for the final approval to start work. How to request an H1B 60-day grace period? Automatically, you get a 60 calendar days grace period by USCIS and you don't need to apply for it. But when you file a change of status or file a petition you need to mention this in your cover letter. Read the sample FAQ from the USCIS website. What is the latest USCIS news on the H1B grace period of 180 days? It's important to know that the talk about extending the grace period for H1B visa holders from 60 to 180 days is not true. The US Citizenship and Immigration Services (USCIS) hasn't made any changes, and the grace period is still 60 days. You can read it on the USCIS website or download it from below. How many times can I utilize the H-1B grace period? If you have a valid I-94 and a newly approved I-797 petition, the H-1B grace period is 60 days. This grace period does not carry forward. Once you find a new employer and obtain a fresh petition, the clock is reset, allowing you to utilize another 60-day grace period if needed. What is the start date of the H1B grace period? The H-1B grace period starts from the date of termination, usually the last day for which you receive payment. The severance notification period can be considered separately if you are paid during that notice period. Next: Change of Status to B2 Related Posts ✔ Go to Main Menu ✔ How to apply for a minor's passport ✔ Cover letter for H4 EAD application ✔ H1B vs L1 which is better for GC Related Topics

A J1 visa holder can stay in the US for a maximum stay of 5 years as long as they maintain a valid DS-2019. If your visa and DS-2019 have already expired, the J1 visa grace period is 30 days to leave the US. Many of us wonder how we can extend our stay beyond 5 years to continue our work in the US or for any other reason. In this article, I'm sharing my personal experience and observations from people I've known. In most cases, the J1 visa holders are subjected to a 2-year home residency rule, often referred to as the 212(e) rule. If you have the 2-year home residency requirement, it won't stop you from coming back to the US as a student (F-1 student visa) or tourist (B1/B2 visa) in the future. However, it will stop you from getting a work visa (H-1B) or becoming a permanent resident (green card), unless you fulfill the 2-year home residency requirement or get a waiver. Also, those with J status who are subject to 212(e) two-year home country physical requirement may not change status from J1 to F1 or B1/B2 visa within the US unless a waiver has been granted. Here is what USCIS mentions about changing your nonimmigrant status. Table of Contents: How to Stay in the US After J1 Visa Expires J1 visa grace period How long can I stay after the J1 visa expires? How to stay in the U.S. after a J1 visa expires? J1 to H1B J1 to Green Card J1 to B2 J1 to F1 Please note that I am not a lawyer, and I'm providing this information to offer assistance based on my experiences. I'd be happy to answer any questions you have in the comments section below. If someone wants to stay beyond 5 years after their J1 visa expires the first thing they should do is to obtain a J1 visa waiver from the Department of Homeland Security. One has to start applying for a waiver before their 5-year period ends on a J1 visa. Obtaining a J-1 waiver is a lengthy process, so it's crucial to start the waiver process on time. Related: How to get a J1 waiver? How long can I stay after the J1 visa expires? If someone is unable to obtain the waiver before their five-year period expires on a J1 visa, they must leave the US and return to their home country, where they are required to spend two years to fulfill the home residency 212(e) requirement. Alternatively, they can apply for a J1 waiver from their home country if they don't wish to wait for two years. However, if you have already obtained a J1 waiver, you are eligible to apply for a change of status to other types of visas. Related: How to expedite a J1 waiver? How to stay in the U.S. after a J1 visa expires? Firstly, by obtaining a J1 waiver, you become eligible to apply for other visa types like H1B, L1, O1, Green Card, etc. Discuss with your employer before your J1 visa expires to ensure that they initiate the process of filing for your new visa (I-539 or change of status) before the J1 visa's expiry. J1 to H1B To convert from a J1 visa to an H1B visa, if you are working at a university or institute as a postdoc, you can consult with your professor and the international office to determine if they are willing to sponsor you for a new visa. Typically, they can provide support for an academic H1B and can initiate the filing process six months before your J1 visa expires. Remember that either you need a waiver or you have to fulfill a 2-year home residency to convert from a J1 to an H1B visa. Related: How to apply for J2 EAD? The good thing about the academic H1B is that it's not part of the regular H1B lottery and can be filed at any time during the year. It's crucial to stay on top of everything because falling out of status can result in an illegal stay in the US, which could impact your future visa or green card applications. H1B can be filed through premium processing, which means you should receive a response from USCIS within 15 calendar days. It's essential to discuss all of this with your employer. Similarly, if someone is willing to sponsor you for an O1 visa, it's advisable to plan well in advance. You can read about J1 to H1B in detail in the following blog. Related: J1 to H1B: Change of Status J1 to Green Card Secondly, a J1 visa holder can apply for a green card (EB1a or EB1b) within the 5-year timeframe of a J1 visa. This was my journey as well. I began my J1 waiver process when I entered my third year on the J1 visa, and it took nearly a year to obtain the J1 waiver. Simultaneously, I initiated my green card application, and by the end of my fifth year on a J1 visa, I had received my green card. You can read about my green card journey here. Related: J1 visa to Green Card I understand that obtaining a green card while on a J1 visa can be challenging and may not be feasible for everyone. Therefore, it's important to maintain any type of legal visa status while your green card application is pending with USCIS. In my case, I pursued the EB1a green card application. However, if your employer is willing to file for the EB1b category, it could save you a significant amount of money and potentially increase your chances of approval. This is because you would have your employer's support for your case. I highly recommend discussing the possibility of EB1b with your boss, manager, or employer. You can read about EB1a vs EB1b in detail in the following blog. Related: EB1a vs EB1b J1 to B2 Lastly, if you can't find a sponsor in time and are still looking for a job when your 30-day J1 visa grace period is ending, you can talk to a lawyer (or do it yourself) and apply for a B1/B2 visa. You can refer to the following blog for a change of status to B2. Related: Change of status to B2 This way, you can stay in the U.S. legally while you continue your job search. When you get a job offer, your future employer can start the process for an H1B or another type of visa. But be aware that this option has a drawback, as it may require you to spend all your savings on living expenses. J1 to F1 You can also change your status to an F1 visa. However, if you're on a J-1 visa and have to fulfill the two-year home country requirement, you can't change your status from J-1 to F-1 or B-1/B-2 within the U.S. You have to leave the country and apply for F1 or B1/B2 tourist visa from outside to re-enter the US. Thank you! Please feel free to comment if you have any questions, and I will do my best to assist you. Next: Change of Status to B2 Related Posts ✔ Go to Main Menu ✔ How to apply for a B2 visa for parents? ✔ Green card priority date for India ✔ How to withdraw a change of status request? Related Topics