I ran a webinar Thursday, March 19 at 6 pm ET to discuss the implications for expats legally who are looking for clarifications on immigration issues. I sat with Doug Lightman from Lightman Law Firm to answer over 200 questions we had submitted. Don’t worry, we kept it to an hour!

Disclaimer: This webinar is strictly for informational purposes only and it is not intended, nor should it be relied upon, as a source of legal advice or opinion.

This transcript may contain errors, but we are working to correct that as much as possible.

[00:00:00] Josh Pugh (America Josh): [00:00:00] Thank you. Someone reminded me that I had paused the recording. So here we go. the impact of this will change daily. So if not, Allie, so I’ll keep updating my website, America, Josh, to try and keep you up to date as possible. This may impact whether you can leave the country easily and whether you can come back to the country as well for an indefinite amount of time.

[00:00:17] So there’ll be flight issues. All sorts of things will change and we’ll try and keep you upset as much as possible. In my opinion, and this is purely my opinion, but if travel is not essential right now, the Australian and us governments have recommended against it, because we simply don’t know what’s going to happen and who we’ve admitted back into the country.

[00:00:38] We did have a number of questions from people who want to go back to their home countries around whether you should go home now or wait. Everyone is different. Every situation is different, so it’s difficult to answer that question. Generally, we have how many airlines go that we’re seeing a grounding flights.

[00:00:52] It would be my personal recommendation again, that you should go now before it’s impossible to go, if that’s your intention. Again, that’s just my personal [00:01:00] opinion. We’ve seen the Australian government and just now the U S state department has requested all citizens return home. This is not a demand. It’s simply stating that it’s the state’s opinion that you’d basically be better in your home country.

[00:01:13] For those of you like myself though, and I know this question gets asked a lot. Who are like people like us who are established abroad. You have a life, and you’re comfortable where you are. There has been nothing changed and you are allowed to remain in the U S but it is understood, basically by  that it might become more difficult to repatriate back to your home country if you decide to do that in the future.

[00:01:32] Finally, we did have a couple of questions about travel and health insurance. So if you are without health insurance, it would be a good idea to look into that as soon as possible. if you are relying on travel insurance, be sure to check with travel insurance providers, whether they, what they do and don’t provide for.

[00:01:49] If you’ve lived in the U S for some time and a not considered a resident of the U S and we’ll go into that a little bit in a minute, but then they might not pay out because you’re no longer traveling. And that’s what travel insurance is [00:02:00] for. So it’s just important to make sure you check with them, speak to them on the phone, talk about your personal experience and your personal situation.

[00:02:07] My boss for everything, and you’re doing the best thing by being on this so far is be proactive, not reactive. So get ahead of it. Make sure you’re keeping. In touch with all of the information, and, being online here is a fantastic first step. Sorry, that’s enough of a rant for me. I wanna introduce you to Doug Blackman from Latin law firm.

[00:02:26]Doug has been a friend of America, Josh and a friend of mine personally for a few years now. He processes many, many phases and helps lots of people with green cards and other immigration issues. And Doug, I want to thank you very much again for coming on tonight to help us out. I know they’ve bombarded you with lots of questions and I know you’re incredibly busy with, you know, doing this professionally.

[00:02:48]so let’s start off. Mmm. Something really easy and something really broad that they got asked and we just want to clarify the difference between who’s a citizen, who’s a resident, who’s a permanent resident, when it [00:03:00] all comes to the information that’s coming out.

[00:03:02] Doug Lightman (Lightman Law Firm): [00:03:02] Sure. Yeah. I just want to say thanks, Josh, for having me.

[00:03:05] And, that was a fantastic intro. and, and thank you everybody for joining. And, and you know, this is, I hopefully this will be helpful information and I hope everybody stays healthy and, and, and is able to, you know, pursue options and, and, and, avenues that are in, in a, you know, in a, in a, in a way that doesn’t cause too much stress and panic.

[00:03:29]but, to your question, Josh, Who is a citizen, who is a resident resident. Sure. So, well, a citizen, a citizen of is a citizen, a citizen of the United States. pretty, pretty straight forward. And a, I’m a permanent resident is a green card holder. So, permanent residents of the United States is an individual who, is a green card holder.

[00:03:53] And, the other term you mentioned resident, Oh, resident. If you know, [00:04:00] the people use the term resident or residency, in a way that could be, for tax purposes or, or state federal purposes, or, one could use it in a way, refers to, immigration. And, if you’re using it from an immigration perspective, it.

[00:04:18] It means you’re a green card holder. So permanent resident, if you’re using it for tax, state, federal purposes. That’s, it just means that you triggered residency in the United States, but you’re not a permanent resident or a green card holder of the U S

[00:04:32] Josh Pugh (America Josh): [00:04:32] yeah. Fantastic. I think I just wanted to clarify that because obviously there’s always information coming out saying like what Australia did recently, they may, it mentioned that residents were allowed and citizens were allowed and what they were referring to was permanent residency.

[00:04:44] So most of the time, I think when that language comes out, they’d be referring to citizens. Permanent residents and people on bases. neither of those,

[00:04:55] Doug Lightman (Lightman Law Firm): [00:04:55] go ahead. Sorry. No, go ahead. Sorry.

[00:04:59] Josh Pugh (America Josh): [00:04:59] One of the big [00:05:00] questions we always get, and we’ve talked about a fair bit, is about the  visa dates and LCA dates. So I just wanted you to sort of recap how that looks as sort of a big picture.

[00:05:12] What do these dates mean and how do they interact with each other?

[00:05:15] Doug Lightman (Lightman Law Firm): [00:05:15] Sure. So the LCAs LCA dates,  dates, and a visa stamp date. So, how do they all interact with each other? Well, and I, 94, is, is, is granted, upon entry to the United States and a nine 94 controls, the individual’s status in the United States and the, the, the period of time that they may remain in the United States.

[00:05:37] In that status if they are maintaining status. visa stamp is like your key to the enter the United States. It’s, it’s your, your, your ticket to enter. And as long as your visa stamp is valid, you can enter, LCA as it relates to an E three. Every buddy who’s working in the United States on a knee, three needs to [00:06:00] be covered by a certified LCA, and anyone who has any three and has an E three visa stamp and knows that, you know, you need a certified LCA in order to get that visa stamp.

[00:06:11] Yup.

[00:06:12] Josh Pugh (America Josh): [00:06:12] Cool. So the  date, and I’ll post a link for everyone into, a website that I mentioned later. Yeah. But you, the, on any four date that you’ve got, that’s the, that’s the out-of-bounds, that’s the absolute hon exit. So, so everything that we’re about to talk about from now is that sort of something to keep in mind at the back of your mind, make sure you know you’re on any four day.

[00:06:36] Doug Lightman (Lightman Law Firm): [00:06:36] Okay.

[00:06:38] Josh Pugh (America Josh): [00:06:38] Yup. Sorry. Yeah, yeah, yeah, yeah.

[00:06:41] Doug Lightman (Lightman Law Firm): [00:06:41] Absolutely. So, yeah, your, your  data is very important. So for those of you listening to this webinar and having concerns about, my visa is expiring, but you know, do I have to leave, expires in, in, in, you know, in a week or in April or in may or June or whatever. Well, [00:07:00] you know, take a step back.

[00:07:02] Don’t focus too much on the visa. Retrieve your  and look at, look at the date on the  cause that date may not always, but it may actually be different than the date on the visa stamp. And that date is what, what ultimately controls. Again, as long as you’re maintaining status and you’re covered by a certified LCA.

[00:07:24] Josh Pugh (America Josh): [00:07:24] Awesome. So I’ve posted a link to this chat, which is you’re on only four link, so that’s from DHS. So that is the official way to get your  information. So it’s important to everyone, no matter what you’re doing. Just be aware of that date. and I know we’ve got some questions about, working up until that date and we’ll come back to that.

[00:07:41] Don’t worry. So I then want to talk about grace periods because that’s something that gets mentioned a lot with, especially with the three phases. people want to know, you know, basically at the end of an ACE, a visa, how long do you have? And if you finish working [00:08:00] for on an eight, three prior to the end of the eight, three term, like prior to that LCA or that visa period, how long do you have, to, to do something about it?

[00:08:10] Right?

[00:08:11] Doug Lightman (Lightman Law Firm): [00:08:11] So if your employment is terminated and you, still have a period of authorized stay. So let’s say your employment is unfortunately terminated today, but you’re, I 94 expires months from now, or a year from now. you have a 60 day grace period, to either, you know, leave the United States or, file an application to change your status to another status.

[00:08:37]well, yeah. The other you want me to talk about, so

[00:08:40] Josh Pugh (America Josh): [00:08:40] let’s say 60 days from, if it’s within the, 83 period.

[00:08:46] Doug Lightman (Lightman Law Firm): [00:08:46] 94 period.

[00:08:46] Josh Pugh (America Josh): [00:08:46] Yeah. 60 days, whichever is shorter. I

[00:08:49] Doug Lightman (Lightman Law Firm): [00:08:49] mean, if your 94 expires, April 1st and you’re terminated today, unfortunately you don’t have 60 days, you have to leave technically. Mmm.

[00:09:00] [00:09:00] Josh Pugh (America Josh): [00:09:00] Yeah. And if you’d serve out your whole a three period, it’s not 60 days, it’s just 10 days at the end.

[00:09:07] So if you’ve done, say hypothetically, it’s a two year period and you’ve gone to the end and your employment has been just fulfilled, your contract and the LCA. It’s not 60 but it’s 10 at the end. Right.

[00:09:17] Doug Lightman (Lightman Law Firm): [00:09:17] Awesome.

[00:09:18] Josh Pugh (America Josh): [00:09:18] One of the questions that we get asked a lot is a, and w I know there were lots of questions coming in, but don’t worry, we’ll get to a lot of that.

[00:09:26] So, is there any lenience for anything during, you know, we’ve got travel bands, we’ve got issues with getting flights out, as a broad sweeping brush. Are we expecting leniency and some different, like different conditions because of what’s going on in the world at the moment?

[00:09:42] Doug Lightman (Lightman Law Firm): [00:09:42] I mean, I would hope so.

[00:09:43] I would think that there’s going to be some leniency. I don’t, I don’t know though. There’s been nothing announced to date. I mean, the only leniency that has been announced to date is, is from a, as it relates to individuals who have entered through the esta program and [00:10:00] have specifically entered through JFK and Newark, JFK and Newark have said that they are going to provide a 30 day extension.

[00:10:10] They use a different term, but it’s essentially an extension. If you contact them. they will provide a 30 day extension on your, your S to a period of authorized stay. But, other than that, at this time, nothing has been announced. you know, listen, while I would think, you would think that the, I, I would think that there’s going to be something provided.

[00:10:30] I mean, you know, you’re all, we’re also dealing with the Trump administration.

[00:10:33] Josh Pugh (America Josh): [00:10:33] So we just don’t know anything. Yeah. Okay. Just to touch base on when you were talking about maintaining status, do you want to just quickly describe what it is about what status means? Just to make sure we’ve defined? Yeah, so you’ve entered the country and.

[00:10:48] Doug Lightman (Lightman Law Firm): [00:10:48] Right? Yeah. So status is you, when you’re in the United States, you’re in the U S in a specific, like you have a specific status.

[00:10:58] Josh Pugh (America Josh): [00:10:58] So I H right.

[00:11:00] [00:11:00] Doug Lightman (Lightman Law Firm): [00:11:00] So the, you’re not, you know, the three visa is used to enter, but once you’ve entered your, in the  status, if you use the J one, once you’ve entered your, in the J one status, in terms of what it means to maintain status, it means it just.

[00:11:16] It means that you’re abiding by the terms of, of of the visa that you use to enter the U S so if you three visa for, to work for employer a as an engineer and you enter a, using that visa, you need to work for employer a as an engineer. As for the terms of that visa.

[00:11:34] Josh Pugh (America Josh): [00:11:34] Yeah. Cool. So maintaining status just basically basically means, you know, ticking all the boxes and that was required of you to get the visa.

[00:11:42] So if you’re doing what you’re meant to do in the country and you’ve. You vented on an xray and you’re now working at the job that is maintaining status out of very pure form. Right? Yeah. Cool. so some of the stuff that we’re going to talk about, Mmm  it concerns us [00:12:00] CIS and contacting the U S CIS offices.

[00:12:04] I think a lot of people would have seen on Facebook and strapped the internet that USC is closed. I’m just wanting to confirm with you whether you know what exactly the deal with that is.

[00:12:14] Doug Lightman (Lightman Law Firm): [00:12:14] Yeah. So the only thing that has been closed so far as it relates to U S CIS are local offices and biometric centers.

[00:12:22]and what that means, is that, every state and as of, potentially one or more local offices and those local offices, assist. Mostly people who are applying for green cards with their interviews, people who are applying for citizenship. they also, hold the immigration courts and those offices.

[00:12:43]so those offices are not used by people who are, are, are, are here on. You know, any type of visa, like if you’re here on a J one and F1 as to, E three, whatever it is, H1B that the local offices have nothing to do with [00:13:00] those visa. So they’re, they’re the, those offices are closed. Yes. But not, not the entirety of the U S CIS and not the, the, the, the wing of the U S CIS, that that would be, responsible, extensions of status, change of status and things of that nature.

[00:13:15] So. As of now, you know, as far as the USC, I guess being closed, it only should be, of interest, to people who were, for example, have an interview scheduled for a green card through marriage or a, an interview for naturalization or biometrics appointments, or they’re about to attend their, Oh, Sarah.

[00:13:34] Yeah.

[00:13:34] Josh Pugh (America Josh): [00:13:34] Yep. Fantastic. So realistically, for everything we talk about. In the past and in the future when we talk about USA, I said, still functioning right now as far as we know right now. It’s functioning as it always has. Yeah. Okay. So one question that gets asked quite a bit, talks about, financial assistance and, unemployment and unemployment, I understand is, you know, that’s an adjacent issue too.

[00:13:59] Immigration, [00:14:00] it’s, you know, it’s a whole world in and of itself. so it’s not necessarily something you can speak to, but from an immigration perspective, is that something that might come up if you did, if you were available with the state and you could get unemployment, and is that something that you’d, are there some things you should think about?

[00:14:17] Doug Lightman (Lightman Law Firm): [00:14:17] Well, yeah. I mean, whether or not you can obtain unemployment is, again, as Josh mentioned, the state by state, analysis and, and. If you qualify a and you will do obtain unemployment, will it potentially impact you from an immigration perspective in the future? I mean, it could. I wouldn’t share the fact that you received unemployment.

[00:14:40] If, if, I mean, it wouldn’t, I wouldn’t provide it freely. Like, Hey, I got unemployment. I mean, if you’re pursuing, for example, a green card, a green card for through a. Yeah. Any. If you’re pursuing a green card, you will get to a point where you will have to close that you received [00:15:00] unemployment benefits and, and it will be one of many things that they will take into consideration and further ends up determining whether or not you are a, might be a public

[00:15:10] Josh Pugh (America Josh): [00:15:10] charge.

[00:15:11] Okay. So there are things to think about before quickly sort of going out, but it’s, it’s a bit of a gray area as to whether it’s a strictly, it doesn’t, yeah. It doesn’t concern it strictly. okay. So we’ve already talked about, we, we didn’t touch on esters. So if you are on an esta and you’re coming to the end of your term and you can’t get out, do you just wanna quickly recap.

[00:15:32] That.

[00:15:32] Doug Lightman (Lightman Law Firm): [00:15:32] Sure, if you’re here on a Nesta, you can’t get out. Unfortunately, you cannot change from ESSA to anything else. You can’t, technically extend an esta if you have entered through JFK or Newark. They are providing, they’re not calling an extension. I don’t, I don’t remember exactly what they’re calling it.

[00:15:49] Do you have it in front of you right now? Like an extension? It’s a 30 day sort of reprieve. They’re saying, Hey, contact us, give us your information and we’re going to give you an additional 30 [00:16:00] days. So leave. But unfortunately it is, it is impossible to change from esta to anything else you could . The only thing that you can do from esta is, for example, you know, I don’t know that.

[00:16:12] I don’t think this would apply to anybody on this webinar or apply for something like a. asylum. You could, if you’re married, a U S citizen, you could apply for, for a green card through marriage from esta if you, if you have married a U S citizen. So if you’re on this webinar and you’re married to, or in a relationship with the U S citizen and ready to get married, and you, you,

[00:16:31] Josh Pugh (America Josh): [00:16:31] you don’t want to

[00:16:32] Doug Lightman (Lightman Law Firm): [00:16:32] leave, you could do that.

[00:16:34] You, you know, you could, you can’t actually do that. But those are the exceptions. and as it relates to us to, so I know, and I’ve gotten inquiries like that as well, Hey, I’m here on esta, can I change to something else? Student E three J one, unfortunately, you can’t do it. It’s

[00:16:48] Josh Pugh (America Josh): [00:16:48] impossible. Okay. And that’s strictly for people that entered on an esta.

[00:16:52] So there are some questions about, you know. If I’m on my grace period, all of those extension bits, none of that applies to them cause they were on it.

[00:17:00] [00:17:00] Doug Lightman (Lightman Law Firm): [00:17:00] And that’s specific to esta.

[00:17:01] Josh Pugh (America Josh): [00:17:01] Yeah. Yup. Okay, cool. okay, big question because this is probably the one that a lot of people are tuning in and asking about, vases might be expiring.

[00:17:12]You know, or they’re on, they’ve lost their jobs or, and they’re looking to work out there what they  yeah, I guess, yeah, we can start, we’ll go back and forth a little bit more work through this cause I think there’s a few nuances to it, but, so what’s the first thing if you, if your visa is expiring, what’s the first thing you need to do?

[00:17:29]Doug Lightman (Lightman Law Firm): [00:17:29] well, if your visa is expiring, so you’re on an E three, is that, what were

[00:17:34] Josh Pugh (America Josh): [00:17:34] the arguments like we’re on an ACE, right?

[00:17:36] Doug Lightman (Lightman Law Firm): [00:17:36] So if you’re on an E three. Scenario is, yeah, that are discussed in the three context cause it is a bit unique. But if you’re on any three and your visa is expiring, the first thing you should do is you should look at your  so you don’t, you know.

[00:17:54] Yeah. Look at your I 94 and look at the date. The expiration date on your I 94 [00:18:00] that’s the very first.

[00:18:02] Josh Pugh (America Josh): [00:18:02] Okay. And so what are we checking? So let’s say hypothetically you’ve got, so you’ve entered the country more recently, and as they’re kind of doing it at the moment, when you enter, you get. Up to two years.

[00:18:11] They don’t always do it just to the end of your visa. But let’s say you’ve got about two years left on your, Oh, more than six months, on your, on 94. Right. what’s, what can you do if the, if your base is expiring,

[00:18:24] Doug Lightman (Lightman Law Firm): [00:18:24] right.

[00:18:25] So,

[00:18:25] Josh Pugh (America Josh): [00:18:25] yeah. And still got the job.

[00:18:26] Doug Lightman (Lightman Law Firm): [00:18:26] Yeah. And the three context, if you’re, you know, your visa is expiring, let’s say your visa is expiring, April 1st, and, your I 94 expires.

[00:18:36] I dunno, December 1st or later, who knows? Six plus months from April. you’re in a pretty good situation. Assuming your, your job hasn’t ended in a year, you’re in a pretty good situation because you can remain, you can remain in the U S you’ve been admitted through the date on your . Your visa stamp doesn’t control when you have to leave the U S the  [00:19:00] controls when you have to leave the U S so.

[00:19:02] You, you can leave, you can, sorry. You can remain in the U S through the date on your  or however, if you’re on an E three you have to ensure that when you’re in the U S in that status and the three status that your, your your time in the U S is covered by a certified LCA. So. In this situation that we’re talking about now, the LCA that you currently are working under is, is going to expire almost definitely on or, or the date of your visa stamp expires.

[00:19:38] So that means you need to file a new LCA to cover. Mmm. The period of time. After your current LCA expires and you know, and LCA, that would carry you, to or beyond, the end date on your  for providing people in that

[00:19:59] Josh Pugh (America Josh): [00:19:59] situation. [00:20:00] So you’ve still got this, just to clarify, you’re a person who still has the same job.

[00:20:05] Your visa is ending by your . Four is . You have more than six months left on your own. Only four you can in theory file an LCA two  the difference between your current and a visa  the  date, you can remain and you can work because I kind of immediately transitioned one to the

[00:20:25] Doug Lightman (Lightman Law Firm): [00:20:25] other. Yeah.

[00:20:27] Josh Pugh (America Josh): [00:20:27] And so that would mean that you don’t need to do any formal extension.

[00:20:29] Like you don’t need to renew through USAA, so we’ll get

[00:20:31] Doug Lightman (Lightman Law Firm): [00:20:31] to that. We’ll need to do anything. You don’t mean you don’t need to do it. You can’t. You can’t do anything through the U S CIS because you can’t extend a status through the U S CIS unless it’s expiring. six months or less from the time you submit an extension request.

[00:20:49] So you can’t, like if your  expires a year from now, you can’t submit an extension of status with the U S and you don’t need to leave and get a new visa stamp.

[00:21:01] [00:21:00] Josh Pugh (America Josh): [00:21:01] Yup. Cool. okay. So when you’ve got that extension, and as you said before, we just want to make sure that people know that extension of your status and the validity of working with the LCA does not mean that you can leave the country and come back in, even if all the bands were lifted.

[00:21:16] Your key, as you described it before, your key to entry to the U S your visa has expired. So if you leave the country and you attempt to come back, you w don’t tend to come back because you won’t be accepted. Even if you’ve got this LCA filed, that doesn’t count for an actual baser.

[00:21:33] Doug Lightman (Lightman Law Firm): [00:21:33] Yeah, so, and that’s an area that we’re describing.

[00:21:36] If you do what I’m suggesting, suggesting and the, you know, in June, July, August, whatever. You decide you want to leave, visit family, whatever, go on a holiday. in order to get back in, you have to go to a consulate and get a new visa. STEM. Yeah.

[00:21:51] Josh Pugh (America Josh): [00:21:51] Cool. Yeah. Okay. So let’s say you don’t have more than six months left on your own, only four.

[00:21:57] So your status is running out in the country. You’ve got [00:22:00] less than six months, so your April 1st, your visa ends and your  might only go for another two months. Okay. What’s the plan there?

[00:22:11] Doug Lightman (Lightman Law Firm): [00:22:11] Mmm. Well, the one option which everybody knows is leave and get a new visa stab ending. That’s not possible. or safe.

[00:22:22]the only other option is to file an extension of status application or petition, I should say. Essentially no status petition in the U S with the U S CIS. Sorry. That’s one petition. it’s. More than just, you know, you do have the file. You do have to get a certified LCA, but you also have to fill in a complete and fill in a, an  form and a letter of support boarding documents.

[00:22:50] And it has to be, basically the, the employer is, is it’s a petition submitted by the employer on your behalf. Okay,

[00:22:59] Josh Pugh (America Josh): [00:22:59] cool. Well,

[00:22:59] Doug Lightman (Lightman Law Firm): [00:22:59] it’s not [00:23:00] something that you want . Undertake on their own, like the, the, the three holder, or employee cannot say, I’m going to do this on my own. You have to get your employer involved.

[00:23:10] Josh Pugh (America Josh): [00:23:10] Yep. Okay, cool. So, and basically that answers sort of my followup is why wouldn’t we do it normally? Cause you know, it seems easier if you have happy here and you know, you’re chilling out. Yeah. And yeah. Apart in the U S is that, yeah. So it’s basically, it’s a lot more work in terms of scrutiny and stuff that I, they’re

[00:23:28] Doug Lightman (Lightman Law Firm): [00:23:28] looking at things a bit more.

[00:23:29] Yeah. I mean, it’s very, under normal circumstances, it’s extremely rare to file an  in that manner. I mean, I don’t know that we’ve. You know, ever filed an  in that manner. There’s the, the beauty of the three is that you can just leave the U S and go to a consulate and get an E three visa, stamp it instantaneously.

[00:23:48] So, to your question, why, you know, why don’t people do it? Why don’t people normally do it? Well, because. It’s, it’s more time consuming. It’s more work is involved. it’s scrutinized [00:24:00] more heavily than a knee. Three application would be scrutinized at a consulate. Then

[00:24:05] Josh Pugh (America Josh): [00:24:05] you got to realize the potential that someone

[00:24:06] Doug Lightman (Lightman Law Firm): [00:24:06] to get a response.

[00:24:07] You’re not, you’re not getting an instantaneous response, or you’re potentially waiting months to receive a response. It’s very, I mean, it’s almost the same thing as filing an H1B petition. It’s, it’s very similar to that, and because the, the makeup of the application would almost look identical

[00:24:23] Josh Pugh (America Josh): [00:24:23] to an H1B.

[00:24:25] Okay, so April 1st let’s go back to a scenario. April 1st you bays or expires, you’re anally falls expiring. You, you lodge, your, I want to nine. Well, you know, you talk to your employer, you get, yeah. So Doug’s come in, can I keep working? Can I this?

[00:24:43] Doug Lightman (Lightman Law Firm): [00:24:43] So if this is, again, this is a mail application. So this is all going to be mailed to the U S SIIA.

[00:24:48] So your April one is approaching, you’re working on it now. You get your certified LCA today, or you’ve completed the form nine one 29 you’ve compiled all the documents, you’ve [00:25:00] packaged it all together. And. Cut the filing fee check, which is $460, and you mail it off to, to a, a USC, mailing address is the Vermont service center.

[00:25:12] And, you, you bet a week or two later you get a receipt notice, reflecting the day it was received and the, the, you know, the, the visa you’re requesting and the filing fee paid. And, if you’re doing an extension of status with the same. Employer, for the same job. You can continue working, while that petition is pending with the U S so you don’t need to wait for it to be approved in order to continue working

[00:25:41] Josh Pugh (America Josh): [00:25:41] on your job

[00:25:43] Doug Lightman (Lightman Law Firm): [00:25:43] and you’re doing your job.

[00:25:44] And, Those petitions could, could, you know, they could take months to be reviewed and the review could lead to an approval, which is great. You’ll get an approval notice in the mail, not a visa stamp, but an approval notice with an 94 at the bottom through. And that’ll carry you through whatever [00:26:00] date you requested, you know, two years from the date you file a could lead to a request for more evidence.

[00:26:06] As I mentioned, the U S CIS is pretty, Rigorous and they’re in their scrutiny. So they like to issue requests for evidence. Challenging is a role, a specialty occupation. What is, is there enough work?

[00:26:19] Josh Pugh (America Josh): [00:26:19] So even if you’ve been accepted by an embassy or consulate, there is a chance I’m, we’re trying to scare people, but you know, it can result in a different outcome from going to an embassy or consulate.

[00:26:30]Doug Lightman (Lightman Law Firm): [00:26:30] if you’ve got a request for evidence, you’ve got to reply to the request for evidence, and obviously, hopefully you, you hope it’s approved and you get an approval notice and you continue working. Yeah. And if you ever have to trial after that, you’ve got to go and lodge pretty much the same thing at a consulate in order to get that the visa Sam.

[00:26:47] Josh Pugh (America Josh): [00:26:47] Yeah. So you don’t get a visa stamps, so you can’t leave the car. Just like the OCI scenario, you can’t leave and come back. You don’t get a new visa. And we say stamp it like the sticker. We don’t get one of those in the passport. You just get an extension of internal status. What’s the [00:27:00] deal with the 240 days?

[00:27:01] There was,

[00:27:02] Doug Lightman (Lightman Law Firm): [00:27:02] yeah. So, if, Mmm. So you can work, if it’s an extension. Of status with the same employer. you can, you can work, for up to 200, and if you can work while it’s pending, and, and, and if it should happen to remain pending for a long time, you can work for up to 240 days. So for up to eight months, you can work while it’s pending.

[00:27:27] If it’s still pending after 240 days, you have to stop working, but you can remain in the U S While you wait for a decision on the petition. I mean, let’s hope you know that your petition doesn’t get done

[00:27:41] Josh Pugh (America Josh): [00:27:41] pending for 18 months. It’s possible. So it’s good to consider. So what, when should you use think about filing a, if you’re going down the one to nine path and you’re sort of trying to work out timing, you know, getting right.

[00:27:55] What kind of timing should we be looking at?

[00:27:58]Doug Lightman (Lightman Law Firm): [00:27:58] what do you mean? Like

[00:27:58] Josh Pugh (America Josh): [00:27:58] when should you start? When should [00:28:00] you be applying? Like, when should you think, you know, is there a sort of a, so you’ve got less than six months and yeah. Attendance, like should you be getting on that right now or is there a reason?

[00:28:10] Doug Lightman (Lightman Law Firm): [00:28:10] I think it depends when, when you’re on 94 expire, if you’re on any forest fires and in April for sure.

[00:28:16] Yeah, absolutely. You should be getting, if you’re high 94 expires in. I mean, even if it expires in may, we don’t know what’s the situation is going to be like in may. We have no idea. Okay. Yeah, so I would say, yeah, it’s something you should seriously consider if it’s going to expire in a summer. you might have a little bit of wiggle room to see if things clear up and travel is okay.

[00:28:44] And the consulates, are, are, are open. I mean, the consulates are taking appointments. I think maybe, you know, before this we talked about how we heard of people making appointments for. For

[00:28:56] Josh Pugh (America Josh): [00:28:56] may, I think. Yeah.

[00:28:58] Doug Lightman (Lightman Law Firm): [00:28:58] June is the earliest, [00:29:00] right?

[00:29:00] Josh Pugh (America Josh): [00:29:00] Yeah. I think I saw, I logged in this afternoon and saw that, Australia does have June appointments, but I think it’s important to say that while there are important, you know, appointments listed today, we don’t.

[00:29:09] 100% know whether they’re going to do that cause right now, as of right now, all of the consulates and embassies are shot for in person interviews. So it’s important. Everyone knows, while we’re saying that, you know, some people are making appointments in the future, they’re doing that because they’ve sort of extended the diets out, but we don’t know for sure.

[00:29:27] Right. Whether or not that’s going to actually apply. okay. So it was kind of a, a pivot from that is, Well, let’s pretend like someone’s inmate Grice, but they’ve been terminated. or sorry, not two minutes and so vicious, but they, they don’t have work anymore. we’re going to talk about their options.

[00:29:42] So first things first, does USC get notified or what’s the process? So when does the grace period stop?

[00:29:50] Doug Lightman (Lightman Law Firm): [00:29:50] Grace period starts when your employment is. So the day after your, your employment ends, they have fun being an employee. Yep. Yeah, [00:30:00] you’re, the grace period starts. Okay.

[00:30:02] Josh Pugh (America Josh): [00:30:02] So it doesn’t, it’s not about any other notifications on it.

[00:30:05] Your grace period begins when your employment the day after. That’s day one of your grades period.

[00:30:11] Doug Lightman (Lightman Law Firm): [00:30:11] Right.

[00:30:12] Josh Pugh (America Josh): [00:30:12] Okay. So what are the options for someone? if you, you’re on your grace period. so you’ve come in and let’s again say eight for eight. You’ve come in, you’ve, you’re not working, you’ve lost your job, or you’re on a 60 day grace period.

[00:30:23] If you find other work. Yeah. What did I go back to that what we were talking about before? Is it just filing an LCA or do they need to and I want to nine.

[00:30:33] Doug Lightman (Lightman Law Firm): [00:30:33] No, I mean, you know, yeah. If you find any other work, you’d say you find a new job, you either, you know, obviously can get a visa from abroad, but if that’s not possible, the only other option would be to do a, you’d have to file the an I one 29.

[00:30:48] Petition and basically a change through that whole process. However, the difference between filing that petition with [00:31:00] a as an extension with the same employer as opposed to filing it, requesting a change of employment, is that when you file it. Requesting an extension for the same job, for the same employer.

[00:31:12] You can work while it’s pending. If you’re filing it to change, jobs. So a new employer, new job, you cannot work while it’s pending. You can remain in the U S while it’s pending. even if, if, if the, your  expires, but you cannot work while it’s

[00:31:29] Josh Pugh (America Josh): [00:31:29] okay. So that’s a very good. You know, difference between the two.

[00:31:33] That’s, yeah, very important. Mmm. So they, yeah. Sorry, just to clarify, so I am in a six day grace period. I’ve filed my, I know I can’t work, but I am permitted to stay in the country once you receive, like, like if you’re coming towards the end of your, on 94 trying to get, if I’m making up scenarios, but, is it, Mmm.

[00:31:58] Basically, it just not permitted to [00:32:00] work. But you can stay in the U S and wait for the return of that information from, yeah, sure. Yeah. Okay. so, at the moment, so we’ve just talked about, that’s basically the changing employers. So, yeah, if you want to change employers, you have to. Whether it’s in your grace period or whether you’ve got a job and you’re working and you want to change employers sign thing, you have to stop working, wait for the full confirmation, which may take months unfortunately.

[00:32:25]and you’ve kind of, you’re allowed to stay in the country, but you’re not allowed to work during that time. Yeah. Okay, cool. Mmm. Just as a hypothetical, if someone’s lost their job and they physically can’t leave the country, cause we’re seeing a lot of people get, planes, you know, have been grounded and it’s difficult for some people to leave.

[00:32:43] Do we know anything about what happens to the, I know we touch on that a little bit before, but right now, as of where we’re at the moment, Mmm. What’s the deal with, you know, overstaying, it’s there.  here.

[00:32:55] Doug Lightman (Lightman Law Firm): [00:32:55] Well, overstay. Yeah. What’s that? Yeah. Do what you [00:33:00] can

[00:33:00] Josh Pugh (America Josh): [00:33:00] think’s changed. Yeah.

[00:33:01] Doug Lightman (Lightman Law Firm): [00:33:01] Nothing’s changed. Yeah.

[00:33:02] Don’t, don’t overstate. So if you have lost your job and, where you’ve. You’re coming to the end of, of your, your, your IE three and you know, you don’t, you know, plan on remaining in the U S for employment purposes or you’re on a J one and your plan was to return home anyway and you, and you can’t return home or you’re a student or whatever, anything other than esta.

[00:33:25] You could change your staff. You could file an application to change your status from whatever you’re on now to something like a visitor. Okay.

[00:33:37] I’m sorry.

[00:33:38] Josh Pugh (America Josh): [00:33:38] Yeah, like a B one B two phase . Yep. Okay. So, and just to clarify, if you’re in the 60 day grace periods or, I know I’m jumping back a little bit, but it’s a good question. Just to clarify. If you’re in the 60 day grace period and you do not get a an offer and you’re coming towards the end of the six day, you have to leave.

[00:33:58] Like regardless if you’re on [00:34:00] 94. That’s the, that’s, that’s your grace period. That’s when you have to like the country.

[00:34:04] Doug Lightman (Lightman Law Firm): [00:34:04] Yeah. I mean, technically, yeah.

[00:34:06] Josh Pugh (America Josh): [00:34:06] Yeah. Okay. So

[00:34:08] Doug Lightman (Lightman Law Firm): [00:34:08] you’ll have to leave or you have to file an application

[00:34:10] Josh Pugh (America Josh): [00:34:10] to transfer a role,

[00:34:12] Doug Lightman (Lightman Law Firm): [00:34:12] change status, or you’re, or you found a job in your, you know, in your scenario, you’re saying you haven’t found a job.

[00:34:18] Yeah.

[00:34:19] Josh Pugh (America Josh): [00:34:19] Yeah. Okay. And that changes that. If that’s the, to. Yeah.

[00:34:22] Doug Lightman (Lightman Law Firm): [00:34:22] Change of status is not the ion 29. It’s, so if you changing status

[00:34:26] Josh Pugh (America Josh): [00:34:26] from, Oh, sorry.

[00:34:28] Doug Lightman (Lightman Law Firm): [00:34:28] Well, so it depends what you’re changing status to. If you’re changing status from, from  or any, any work visa to a B one D two, you’re, you’re going to use form I five 39.

[00:34:42] Okay,

[00:34:43] Josh Pugh (America Josh): [00:34:43] cool. But the one to nine is if you’ve got an HRA and you’re just changing. But staying inside an eight story.

[00:34:49] Doug Lightman (Lightman Law Firm): [00:34:49] Yeah. If you’re either extending or changing employers, or if for example, you’re on an F1 or you’re on a J one or even if you’ve entered [00:35:00] as on a , that would probably be pretty rare for an Australian.

[00:35:03] But if you’ve entered in in a and M. one of those. Have you ventured in a, in a status that allows you to change your status and you’re seeking to change your status to a work visa status? Then you would actually use the  forum? Not the I five 39. Okay,

[00:35:22] Josh Pugh (America Josh): [00:35:22] cool. AI days. I know a lot of people are on AI days, work authorizations, can by keep working if it’s getting like, just this scenario that we’ve talked about for eight threes, can they keep working while it’s in processing?

[00:35:35] If I send off for an extension inside the country,

[00:35:38] Doug Lightman (Lightman Law Firm): [00:35:38] no, they can’t. Yeah. I mean, what, like what, what depends which one we’re talking about? We’re talking about  three D three D three D people and L L two, and no, they can’t, E to D. yeah. You, you cannot work if your EAD has expired and you have a renewal pending, you, you [00:36:00] cannot.

[00:36:00] You cannot work, you

[00:36:01] Josh Pugh (America Josh): [00:36:01] cannot work. Okay.  who are about to expire. Mmm. Can you just quickly explain what the process is there?

[00:36:10] Doug Lightman (Lightman Law Firm): [00:36:10] Okay. Mmm. For what,

[00:36:13] Josh Pugh (America Josh): [00:36:13] if you’re also, you’re open day is about to expire and what can you do? What’s sort of the deal once it’s expired? Or are there any options.

[00:36:21] Doug Lightman (Lightman Law Firm): [00:36:21] Yeah. So I guess in the scenario you’re thinking of the OBT has expired in the individual has as a job offer.

[00:36:27] Josh Pugh (America Josh): [00:36:27] Yeah. So, yeah. Sorry. So if you head into the grace period or you know, sorry, you’ve got the reputation and you’ve been given a job offer.

[00:36:34] Doug Lightman (Lightman Law Firm): [00:36:34] Okay. So

[00:36:35] Josh Pugh (America Josh): [00:36:35] why did you transfer return?

[00:36:37] Doug Lightman (Lightman Law Firm): [00:36:37] Yeah. And you have, you have a job offer, then you would, you would file a change, you file an application to change your status to, you know, the work visa status that, that, that you desire.

[00:36:48]if you’re Australian, that would. Either be, you know, it’d be an easy three or I don’t know that it would be much else, maybe an O one. I don’t, you know, the most Australians don’t get involved with the [00:37:00] H1B because they have the gray. ah, so you would file an application to change your status and that would be using form ion 29.

[00:37:08] But again, unfortunately, you can’t work, while that application is pending, you have to wait for it to be approved before you can work.

[00:37:16] Josh Pugh (America Josh): [00:37:16] Okay. That’s good. Yeah. Good night. how about the J one? Visas? How will they

[00:37:19] Doug Lightman (Lightman Law Firm): [00:37:19] affect premium processing is not available for .

[00:37:24] Josh Pugh (America Josh): [00:37:24] Right. Okay. So there’s no option at all.

[00:37:27] Doug Lightman (Lightman Law Firm): [00:37:27] You know, again, most Australians, Jonah, you know, ha don’t have that much experience filing things to the U S CIS. So premium processing might be, a new, term. But, it is something that’s available for, for other work visas, but not, not the three

[00:37:43] Josh Pugh (America Josh): [00:37:43] fun. Okay. Co, Jay ones, I know we’ve got a few people on Jay ones and just wondering how they are affected, you know, did I have to return home?

[00:37:51] Yeah.

[00:37:52]Doug Lightman (Lightman Law Firm): [00:37:52] yeah. I mean, it’s the same, same situation. J one set a 30 day grace period. the difference between, J one, [00:38:00] and, and you know, an F1, as it relates to the grace period is, not only is it a, is there a time difference and not the J one is a 30 day grace period, while the F one is a 60 day grace period.

[00:38:11] But, you actually can’t change, your status, during the J one grace period. Ah, okay.

[00:38:20] Josh Pugh (America Josh): [00:38:20] So after trying to stay one status inside, having a valid J one unlike the F1 where you change it inside the

[00:38:28] Doug Lightman (Lightman Law Firm): [00:38:28] right, if you’re, if you’re on a 12 month J one you need to change. You need to submit a change of status application with a start date within that 12 month period.

[00:38:40] Not. With a start date in that 30 day grace period.

[00:38:45] Josh Pugh (America Josh): [00:38:45] Gotcha. okay. Let’s, well actually,  and I, what have I got?  and O ones, if they’re already in processing. So let’s pretend it’s a new application and people are in [00:39:00] processing at the moment. Do we really know what’s happening at the moment with current, current applications?

[00:39:06] Doug Lightman (Lightman Law Firm): [00:39:06] No, I mean, we’ve got a flurry of approvals, a couple of days ago. but nothing, yeah, I mean, I, I, yeah, I can only, I would only say as of now it’s business as usual, but who knows how long that’ll last.

[00:39:21] Josh Pugh (America Josh): [00:39:21] Yeah. Okay. If no one is expiring, just out of interest, what did I other the same as an a three or a if one?

[00:39:29] Or are they similar to another one that we’ve discussed.

[00:39:32]Doug Lightman (Lightman Law Firm): [00:39:32] no. I mean, the O one is, well, potentially, I mean, you have to look at the  for sure.

[00:39:40] Josh Pugh (America Josh): [00:39:40] Okay. Yeah. Yeah. So they’re a bit unique in their own sense.

[00:39:44] Doug Lightman (Lightman Law Firm): [00:39:44] I mean, an O one is more likely, the  is more likely to what you, you also, with an O one, you have an underlying petition approval.

[00:39:56] So, Oh ones. [00:40:00] Devin, how luxury of submitting their applications directly at a console that they have to get a petition, approved,

[00:40:06] Josh Pugh (America Josh): [00:40:06] Yes. Okay. So there’s a, there’s a lot more elements to an Island than just one of these other majors. Okay. So let’s say, I know we’ve got some people who might be outside of the U S a and they’ve had their, you know, they’ve been in the U S they’ve got the job approved, they’ve applied for their visa.

[00:40:22]well, like, you know, do they have any options or, you know, maybe they’re in the country or first off debate, do people who are outside the country. Have any options at the moment. Okay.

[00:40:33]

[00:40:33] I’ve been offered it. No, no bays are in hand. They’ve been offered a job.

[00:40:38] Doug Lightman (Lightman Law Firm): [00:40:38] No, unfortunately.

[00:40:40] Josh Pugh (America Josh): [00:40:40] Yeah. Okay. so really they need the embassies and consulates.

[00:40:43] Don’t, not for a first time or for you new visa you need. And if you’re outside the U S what about if you are in a, if you’re inside the country, and I think we’ve already just touched on this, but I just want to confirm, cause we did have a few philosophies. Ah, you’re inside the country on a, an esta.

[00:40:57] And you’ve now found [00:41:00] work and they said, yup, let’s do this. Yeah. Did I have any options inside the country?

[00:41:05] Doug Lightman (Lightman Law Firm): [00:41:05] No. Okay,

[00:41:07] Josh Pugh (America Josh): [00:41:07] cool. Sorry. It’s a hard no one if you’re on an esta. What about a Bay one? Bay two I just want to, I know we’ve touched on it, but I just want to make sure that we’ve covered it.

[00:41:14]Doug Lightman (Lightman Law Firm): [00:41:14] yeah. B one B two.

[00:41:16] You could change from a  to an E three if you were going to or to another visa status, like an Oh one or even F1. But, if you are going to submit an application to change your status, from a  to you, you shouldn’t submit that change of status requests until you’ve been physically present. The U S for at least 90 days from the date you entered using the

[00:41:41] Josh Pugh (America Josh): [00:41:41] Okay. They want to be chartered 90 days before you go down that path of transferring onto or filing a transfer onto that visa. can I, can someone switch, from an 83 to an 83 D? Is that possible?

[00:41:56] Doug Lightman (Lightman Law Firm): [00:41:56] Sure. They have that. Yeah. So you would say if you were [00:42:00] switching from an  to an , you would, do that via an five 39 application.

[00:42:06]to change your status and to apply for work authorization, which you can do in connection with an E three D, you would submit an ISO 265 application, and that would all be submitted to the U S CIS.

[00:42:20] Josh Pugh (America Josh): [00:42:20] Okay. one, I’m sorry, I’m about to graduate. What SIFA right now.

[00:42:30] and right now I knew sort of,

[00:42:31] Doug Lightman (Lightman Law Firm): [00:42:31] yeah. I mean, if you’re. I would just do an a, I mean, even under normal circumstances, I would, I would avail yourself of opt, quite, quite straight, straightforward. It’s more flexible than any three. And you could transition to any three towards the end of your opt. But yeah, I wouldn’t, I wouldn’t, I wouldn’t forego the opt option.

[00:42:55] Okay.

[00:42:56]Josh Pugh (America Josh): [00:42:56] one thing we were asked is about Malian applications because we [00:43:00] know that the embassies and consulates, processing, and I think there’s actually been updates of this only today that you’ve shared with me about, you know, but they’re not, they’re definitely suspending all routine services in most countries.

[00:43:10] Do we know anything about mailing applications? For if you’ve already, so let’s say hypothetically you’ve had a visa in the past, you’ve done the application, you’ve been in the country, you’ve then finished that up, and you’ve gone back to Australia, and I’ve got offered a new role with a new company.

[00:43:25] Is it hypothetically possible as we know at the moment, that you could still mail in an application if you balance, you know, according to the consulate members or embassy and you tick all the boxes.

[00:43:37] Doug Lightman (Lightman Law Firm): [00:43:37] Yeah. Sorry. So you’re not in the United States right now. Okay. So you’re okay. Yeah. Yeah. So you’re talking about a Malin visa application in lieu of appearing in person,

[00:43:50] Josh Pugh (America Josh): [00:43:50] correct?

[00:43:50] Yes.

[00:43:51] Doug Lightman (Lightman Law Firm): [00:43:51] Oh, okay. is it possible? I, I don’t know. I don’t

[00:43:54] Josh Pugh (America Josh): [00:43:54] think that they’re, I don’t know that they’re doing it then.

[00:43:57] Doug Lightman (Lightman Law Firm): [00:43:57] Yeah. I don’t know that they’re, they’re entertaining that I have no [00:44:00] idea. I really don’t

[00:44:00] Josh Pugh (America Josh): [00:44:00] know. Yeah, it’s often

[00:44:02] Doug Lightman (Lightman Law Firm): [00:44:02] quoted on circumstances, I think. Yeah, it’s, but it’s consulate specific and it’s like if you’re filling out the D S one 60 and you’re going through their process, they’re going to deliver the option two.

[00:44:16] They’re going to say, you know. You know, I’m not congratulations, but

[00:44:22] Josh Pugh (America Josh): [00:44:22] no, but it’s something that you, you don’t have to go seeking out. It’ll be something that comes presents like, Hey, you don’t need to actually come in for an appointment. So it’s not something that people need to worry what need to sort of spend too much time looking into because it should have already sort of made it self-aware, if that was going to be an option.

[00:44:37] Doug Lightman (Lightman Law Firm): [00:44:37] Yeah. I mean, that’s my knowledge of that process.

[00:44:41] Josh Pugh (America Josh): [00:44:41] Yeah, and I think I’m reading like , but we don’t even know whether they’re processing any non immigrant visas right now at all.

[00:44:49] Doug Lightman (Lightman Law Firm): [00:44:49] Yeah, I think, yeah. Just shut it down.

[00:44:52] Josh Pugh (America Josh): [00:44:52] Yeah. Okay, cool.

[00:44:56] Doug Lightman (Lightman Law Firm): [00:44:56] It’s not even the, the risk at the consulates. They don’t want people.

[00:45:00] [00:45:00] Traveling. Yeah.

[00:45:01] Josh Pugh (America Josh): [00:45:01] Yep. No. Okay. So, yeah, the honest answer is that we don’t know what is happening in Saudi officers, but that is a potential option. In a normal case scenario, that is something that you could, you can do.  Mmm. All right. one question that gets us a lot and I think, sure. Better to ask answer.

[00:45:18] This one is kind of work for a us company. If I’m not in the U S. so I’ve got the job at the U S and I might’ve thought, you know, I’m going to get back to Australia. I’m more comfortable there. I’m now in Australia. I cannot continue working for the company that I had have the visa with.

[00:45:35] Doug Lightman (Lightman Law Firm): [00:45:35] Yeah, sure, sure.

[00:45:37] I mean, if you’re working, if you’re not in the United States, you’re not within the reach of U S immigration law. So doesn’t matter. I mean, you can work for a us company in Australia with or without a visa, you know, being in possession of a visa. Okay. The visas to enter the U S to work in the U S you’re not in the [00:46:00] us.

[00:46:00] Immigration isn’t really relevant.

[00:46:02] Josh Pugh (America Josh): [00:46:02] Yeah. So they may be,

[00:46:04] Doug Lightman (Lightman Law Firm): [00:46:04] you know, you might, your employer might be working with a payroll company and they’re going to say, Oh, I know how to process payroll, the visa. But

[00:46:12] Josh Pugh (America Josh): [00:46:12] there are bigger implications and there are implications around you doing that, but it’s not a strict immigration one.

[00:46:18] There is, and that’s a good followup. Are there any implications if you, so let’s say. Last month he decided, I’m getting back to Australia. I want to be close to my family. And this is basically a whole bunch of scenarios that we’ve been given, that want to be back with their family in Australia and they’re working there for the company.

[00:46:33] Are there any implications for not sort of being present on that visa or is it, you know, you’ve still got the job you have, you’re fine.

[00:46:41] Doug Lightman (Lightman Law Firm): [00:46:41] Yeah,

[00:46:41] Josh Pugh (America Josh): [00:46:41] it’s fine. Yeah. Sorry. Did I need, yeah,

[00:46:45] Doug Lightman (Lightman Law Firm): [00:46:45] sorry. Yeah, no, it’s okay. You don’t have to be, you got the visa. You worked here for a couple months and you decided to leave and continue working for the same company abroad.

[00:46:53] There’s no, there’s no issue. There’s

[00:46:55] Josh Pugh (America Josh): [00:46:55] no ingredient because

[00:46:56] Doug Lightman (Lightman Law Firm): [00:46:56] you’re not going to be paneled in any way, and if you decide you want to come [00:47:00] back and work on that same visa at a future date, while it’s still valid, you, you could do that as well. And yeah.

[00:47:06] Josh Pugh (America Josh): [00:47:06] Yeah. I think one thing that I’ve recommended to a few people, just because you know, again, this comes down to anecdotes and stories, but it stays in having a letter from your employer.

[00:47:14] Just saying like, Roger, allow data. Let ahead signed by your boss saying, aye hereby give permission to Doug to work in Australia for the three months between X and Y signed. Josh, just that idea that you’ve got a piece of paper that if worst case scenario, someone goes, Hey, what’s. You know, you’ve been away for three months, what’s the deal?

[00:47:35] At least then you’ve got something that you can feel a little bit comfortable, but from what you’ve said, it’s completely well within your rights to do that. Sure. Awesome. okay. If your situation changes, so I know that some people, let’s use the extreme example first. you’ve been. Told that you can’t make, Oh, sorry, I can’t pay you anymore.

[00:47:54] Your employer can’t pay you anymore. But they do want to like, keep you on. Like, [00:48:00] ideally, they’d like to keep you employed. They just, at the moment, I think it’s fellow. Are there any options? Do you know what someone can do on an eight, three basis?

[00:48:10]

[00:48:10] put you on the spot?

[00:48:11] Doug Lightman (Lightman Law Firm): [00:48:11] Yeah. No, I mean, I, you know, I, I, I feel badly about, about saying that there’s.

[00:48:17] There aren’t any great options. I mean, you’re, you’re, there is no furlough option or furlough grace period. There’s, you know, unfortunately, technically if they decide to stop paying you, you’re not maintaining status.

[00:48:38] Josh Pugh (America Josh): [00:48:38] Yep. Yeah. Okay. What about if deal pay changes? So they say, you know, we can move you to.

[00:48:44] Pop time for a period of a, you know, a few months. We just need to put you on part time. Can you just talk, sorry. If that pops on to full time, full time to part time a change of your employment situation.

[00:48:58] Doug Lightman (Lightman Law Firm): [00:48:58] So, yeah. [00:49:00] You know, on a normal circumstances, I would say if you’re moving from part time to full time or full time to part time, it’s a material change.

[00:49:10] And if it’s a material change, you know, you need to get. Technically the most conservative way of proceeding would be to get a new visa or to submit a, amended petition in the United States. And, so in. Today’s, you know, situation with , what’s going on right now? New visa isn’t, isn’t an option. And so you have to say, consider, well, do I need to submit an amended petition?

[00:49:38] And that’s the most conservative way of proceeding. obviously that’s, it’s quite a bit. Yeah, I do. could you could one. Potentially take another position and say, well, you know what I’m going to do? I’m going to submit another LCA and change it from part time to full time or [00:50:00] full time to part time. I mean, you could.

[00:50:02] I don’t, I don’t, you know, I wouldn’t sign off on saying that

[00:50:05] Josh Pugh (America Josh): [00:50:05] that’s a good responsibility. It’s not a, as we said at the beginning, it’s not the strict rating of what,

[00:50:11] Doug Lightman (Lightman Law Firm): [00:50:11] yeah. I mean, I wouldn’t go on the record advising people that’s in line, but.

[00:50:19] No,

[00:50:19] Josh Pugh (America Josh): [00:50:19] that’s fine. okay. Green cards. I know quite a few people will have them and they might be locked out of the country cause they simply can’t get back in.

[00:50:26] Do we know anything about leniency? And I know we’ve said this a few times, but I just want to make sure we’re covered up for green cards. If you’ve left, you’re out of the country for good reason and you’re outside for more than 12 months, which is normally the limit. Do we know anything about coming at residents at the moment?

[00:50:41]Doug Lightman (Lightman Law Firm): [00:50:41] how long are you out of the U S you’re out for? For more than

[00:50:45] Josh Pugh (America Josh): [00:50:45] more than a year.

[00:50:46]Doug Lightman (Lightman Law Firm): [00:50:46] huh. if you’re out for more than a year, I mean, we don’t know anything about leniency right now. I’m a, you can tell you in, in, in a normal times. you know, people do get back in, they get back in, and they might have an issue with CVP. [00:51:00]

[00:51:00]the

[00:51:01] Josh Pugh (America Josh): [00:51:01] customs and border protection,

[00:51:03] Doug Lightman (Lightman Law Firm): [00:51:03] sorry, customs protection. but they are . I’m not saying that you’re, you’re guaranteed to get back in, but they should get it. But there’s nothing announced as of now. So I, you know, again, I would hope that the something would be a announce and maybe then even if it isn’t maybe CBP, customs and border protection at the airport, maybe they will, you know, take it upon themselves to evaluate the situation.

[00:51:26] If someone wants situation on a case by case basis and say,

[00:51:28] Josh Pugh (America Josh): [00:51:28] okay. Okay. But the honest truth is we just, we just don’t know. But there hasn’t been anything announced. There’s nothing official. It’s unfortunately, you know, it, it’s a terrible situation for many, and we just don’t know. Okay. basically I, last question is, it’s seven o’clock, but we telling him this beautifully, once something kicks off again.

[00:51:47] So let’s say hypothetically in the future. I mean, are we expecting things to go back to normal? You know, are they going to be delays? What, what do you estimate? And we know, you don’t know a rough estimate.

[00:52:01] [00:52:00] Doug Lightman (Lightman Law Firm): [00:52:01] I don’t know. I mean, I w you know, the immigration, the immigration rolls is consistently unpredictable and chaotic as it is.

[00:52:11] Mmm. And this is just going to make it even more, more so unfortunately, You know, it’s, there’s always new things happening in immigration that okay. And a challenging time. So we really don’t know what’s going to happen when this dust settles with all of this stuff.

[00:52:37] Josh Pugh (America Josh): [00:52:37] Yup. Okay. Well that’s all we’ve, we did set six or seven, and I want to make sure that we are mindful of everyone’s time and your time as well, Doug.

[00:52:45] So, is there anything that you want to add before we, we finish

[00:52:48] Doug Lightman (Lightman Law Firm): [00:52:48] up? I would encourage everyone, you know, to say healthy physically and mentally and, and, and, you know, we’ll all get through this and, that’s that, you know, that’s really it. If you do need. [00:53:00] Assistance from a legal perspective, as it relates to immigration law, you can definitely, you know, reach out to me.

[00:53:05]I, you know, we are, I’m receiving quite a few responses. We have, you know, obviously we have clients as it is, so we’re, we’re not. Able to to, to respond to everybody or, or, but if you know, feel free to reach out. If we can help you, we will let you know how we can,

[00:53:26] Josh Pugh (America Josh): [00:53:26] Doug is too polite. He’s very Lachman’s, a great mole famine.

[00:53:29] And if anyone does have particular questions, I’m going to put up a couple of links in the chat. there’s one for, my webpage, American josh.com, forward slash Corona, which I’ll keep up today. I’m going to try and put as much information on that page, Doug, you know, harass him into helping me out a little bit with that.

[00:53:47]but a lot of it’s just about broad information that you should know and I’m trying to keep it up to date so that we don’t just trust in shares on social media. Cause sometimes they go. A little bit of rye. there’s also, if you want to get in touch with Doug, I’ve just submitted, [00:54:00] to the, you know, I haven’t, I’m going to do it right now.

[00:54:03] I’m sending a link to a feedback form. the feedback form will let. Doug and I know what you’re thought to be answering your question. Do you have any feedback? Do you want to follow up with Doug? We can connect you. So that feedback form is a quick, it takes about 60 seconds to fill in and gives us a bit of an insight.

[00:54:19]let us know if you want to do, if you want us to do more of these, if you’ve. Found this valuable. If you’ve got other topics that you’d like, me to find people on, and if it’s not Doug, or if it’s another topic that’s adjacent but still related to the situation that you’re in, please do let me know that, form, you’ll get an email with these links as well.

[00:54:37] So don’t worry if you’ve, if he can’t find them. Mmm. But thank you very much. I know this is a tough time for so many, and thank you for all of you taking the time. And again, thank you very much, Doug. It’s appreciated from all of us, so thanks so much. Awesome. Have a lovely night everyone, and we’ll speak to you soon.

[00:54:54] Doug Lightman (Lightman Law Firm): [00:54:54] All right. Take care. Thank you.

[00:55:03] [00:55:00] okay.

[00:55:06] Yeah.

About the Author

America Josh

I had a fantastic life in Adelaide and in Australia but thought in late 2015 that it was time to do something new. I handed over control of my company, sold my house, car, and even gave away my cat (“Aslan”) to start on my journey to New York.

I arrived in New York on January 10, 2017, from Adelaide, South Australia and in March 2017, I started America Josh to help make the transition to the US from wherever you’re from just a little bit easier.

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