H4 expired while 9 month pragnenat

[champak123]

Hi Expert,

need your help As soon as you can.

I have my H4 visa going to expire in short, my husband has filed H1b and H4 Extension and got RFE. working on RFE.
I am 9 month pregnant lady and we expecting baby in next couple of week.

my question,
If H1b and H4 visa Denied, then on which visa Can i stay in USA. what should i do to deliver baby. it will take 2 months to apply for Us passport for baby and get OCI.
how long we can stay in USA?
what are the alternate option to stay in USA.
we are ready to go back to country but after delivery only.

[raghvi]

Hi Expert,

need your help As soon as you can.

I have my H4 visa going to expire in short, my husband has filed H1b and H4 Extension and got RFE. working on RFE.
I am 9 month pregnant lady and we expecting baby in next couple of week.

my question,
If H1b and H4 visa Denied, then on which visa Can i stay in USA. what should i do to deliver baby. it will take 2 months to apply for Us passport for baby and get OCI.
how long we can stay in USA?
what are the alternate option to stay in USA.
we are ready to go back to country but after delivery only.

I may sound rude, but honestly, I am sure you would have known about pregnancy as well as H1/H4 expiry 4-5 Months back itself, you could have applied extension at that time rather than a last minute rush.
If H1/H4 extension is denied, and your I-94 has also expired, there is no legal basis for you to continue to stay in US. USCIS does not recognize pregnancy as valid reason to over stay.

With that said, I would suggest you ask your spouse to ask his employer to delay the RFE response( but do file RFE response before its due date). This will buy you some time to be able to deliver the babypeacefully and get some time to plan if worst case, the extension is rejected.

This is my opinion not legal advice.

T

[champak123]

I may sound rude, but honestly, I am sure you would have known about pregnancy as well as H1/H4 expiry 4-5 Months back itself, you could have applied extension at that time rather than a last minute rush.
If H1/H4 extension is denied, and your I-94 has also expired, there is no legal basis for you to continue to stay in US. USCIS does not recognize pregnancy as valid reason to over stay.

With that said, I would suggest you ask your spouse to ask his employer to delay the RFE response( but do file RFE response before its due date). This will buy you some time to be able to deliver the babypeacefully and get some time to plan if worst case, the extension is rejected.

This is my opinion not legal advice.

T

Thank you very much Raghvi,
yes you are right, that we would know about the H1/H4 expiration dates and Baby, but employer was not ready to file