Hello All,
I need this urgent help advise. I am on H1 in US. My wife is currently working under L1B visa. The time lines are as given below.
L1B org. expired on : 08/16/2013
I-94 expired on: 08/16/2013
L1B extension applied on: 07/11/2013
L1B RFE received on: 07/24/2103
L1B RFE responsed: 10/16/2013
H1B Approved on: 06/24/2013
The problem:
We are expecting and she is 32 weeks pregnant now. So basically she can not travel outside of US now to get her H1b stamped which her employer is advising to do. So we thought of waiting for the extension decision (which mostly would take 60 days i.e. by 12/16/2013). If it is rejected, we would file her H4 visa.
But her employer says that because her I-94 is expired, she can not file a COS from L1B to H4, whereas my lawyer said we have work around.
Say we get rejection notice on Dec 16th, that is just 5 days before her due date and which is why she can not travel. I know that we are in a mess.
My last resort is to wait for L1B rejection and pray that it is either approved or gets delayed like 1 month post delivery. And then fly to India, get H1b stamped and come back.
Questions
1) Please advise what are our options
2) If she waits for 1 month after getting the rejection notice on 12/16/2013, how long she can stay in US without risking her re-entry i.e. via H1b stamping
3) Will she get barred from reentry to US, if she stays beyond the date of rejection
4) We can obtain a Doctor's letter specifying that she can not travel after 36 weeks. Will that help us to apply for COS even though I-94 has expired.
Please respond at the earliest as I am freaking out !!
I need this urgent help advise. I am on H1 in US. My wife is currently working under L1B visa. The time lines are as given below.
L1B org. expired on : 08/16/2013
I-94 expired on: 08/16/2013
L1B extension applied on: 07/11/2013
L1B RFE received on: 07/24/2103
L1B RFE responsed: 10/16/2013
H1B Approved on: 06/24/2013
The problem:
We are expecting and she is 32 weeks pregnant now. So basically she can not travel outside of US now to get her H1b stamped which her employer is advising to do. So we thought of waiting for the extension decision (which mostly would take 60 days i.e. by 12/16/2013). If it is rejected, we would file her H4 visa.
But her employer says that because her I-94 is expired, she can not file a COS from L1B to H4, whereas my lawyer said we have work around.
Say we get rejection notice on Dec 16th, that is just 5 days before her due date and which is why she can not travel. I know that we are in a mess.
My last resort is to wait for L1B rejection and pray that it is either approved or gets delayed like 1 month post delivery. And then fly to India, get H1b stamped and come back.
Questions
1) Please advise what are our options
2) If she waits for 1 month after getting the rejection notice on 12/16/2013, how long she can stay in US without risking her re-entry i.e. via H1b stamping
3) Will she get barred from reentry to US, if she stays beyond the date of rejection
4) We can obtain a Doctor's letter specifying that she can not travel after 36 weeks. Will that help us to apply for COS even though I-94 has expired.
Please respond at the earliest as I am freaking out !!

Comment