9 hours ago
2
US immigration experts advised non-immigrant visa holders in the country not to travel outside as the Middle East crisis and the ongoing travel restrictions could result in delays, causing people to lose their visa status or jobs.
But those who are already stuck outside the US and have their deadlines nearing should not sit idle. Immigration attorneys Rahul Reddy and Emily Neumann, during their weekly chat on visa issues, advised such visa holders to act immediately and file for an extension online to stay legal. H-1Bs can file for change of status to B2 if there is no other option left. Even if the application is not approved, visa holders must have something on their end to show that they are not illegals in the US and they applied for extension of change of status.
Reddy said people who will lose jobs if they don't come back to the US immediately and they would have to travel through the Middle East should talk to their HRs. USCIS should also be considerate given the war situation, Reddy advised. But doing nothing would not be a solution, Neumann explained. Visa holders from Middle East countries who have to return to their countries to get their visa stamping updated but can't do so because of the travel ban and also because US embassies are shut should file for an online B2 extension.
Neumann said given the present situation, a visa is not the priority of the US government and they are unlikely to make any temporary provision for these people to go to a third country to get their stamps updated.
What is Form I-539?
Form I-539 is a request to change the status in the US. One can file this form to change their status to a tourist or visitor (B2) to remain legally in the US. But it has to be done when the person has a legal status in the US, not after the expiry of their current visa. Also, only those who have not violated any current visa terms can apply for a change of status if they can show valid reasons.
