H1 Extension Denial Notice Issued

[Saurabh_Agarwal]

Hi,

I had submitted my VISA application to USCIS on Feb 10 '2009.
My old VISA expired on Mar 25' 2009 and the I-94 expired on Apr 3' 2009. This is the 4th year of H1. I just saw the USCIS website and the VISA Extension has been denied on May 2 '2009. My wife's on H4 therefore her extension also got denied along with mine.

The problem is my wife is pregnant and she's in her 35th week of pregnancy and the doctor has advised strictly against travelling due to a high possibility of pre-term delivery. I was wondering what are my options.

I will not be in a position to travel for next 2-3 months. Is there a way I can appeal and just get my stay extended only for 2-3 months?

We need to act immediately so I would really appreciate if someone can help me out. I'm in a very difficult situation so any help would be well apreciated.

Thanks

[supender]

Buddy, you are in avery tough situation. You have started to accumulate time on unlawful presence. Once you are out of status you can't get the visa extended from here, you need to leave the country.

Normally if you leave the country at this time, re-entry through a visa stamped at the cosulate in home country , is not a problem. If you stay 2-3 months after denial of your extension, you will highly reduce your chances of getting visa to return to US from your home country consulate. You really need to talk to a lawyer. Possible options are :

1) You can drive to Canada or Mexico ( if you wife's health permits and you get the visa) and attempt getting visa stamped at the consulate there.

2) File for Motion to Re-open to buy yourself some time. After your wife delivers, leave the country and attempt re -entry.

3) If you have job prospects in Canada, stay here file for your Canadian Immigration. Since you have one year of lawful presense in US . You will mostly likely be able to immigrate there in 3-5 months.