Medical condition, can i buy 1 month somehow

[visator]

My relative is pregnant, and her husbands H1 got RFE.
Chances are everything will be cleared. But If for whatever reason H1 gets rejected, which will happen right before delivery date, leaving her no time for travel in near future.

Can they stay on medical ground for couple months ?
Well, her condition will not allow to travel anyway, but we need to figure out the legality.

Answers will be highly appreciated.

[shervin143]

In such case they will have to get the help of an experienced immigration attorney to file a COS to B2. Otherwise they stay will become illegal past the H1B denial.

[visator]

Appeal

I spoke to another attorney, and she suggested, just for the sake to by some time, you can file an appeal, just in case if it is rejected. Filing appeal is merely a way to buy more time in medical condition, i would not recomend relying on appeal for a positive outcome.

Regards,
Visator

[shervin143]

Filing an appeal alone doesn't make your status legal. You are allowed to file an appeal. It will take about an year or year and half to get the decision on the MTR. Until the MTR gets approved, your status past the I-94 expiry date will be counted as illegal stay. The more the illegal stay, the more trouble you will have to go through to get a petition approved in the future or to get a new visa stamped in the consulate. Any good immigration attorney will not suggest you to file an appeal and stay in the country based on the MTR. The only best solution is to file a B2 and get it approved before your I-94 expiry date.

I spoke to another attorney, and she suggested, just for the sake to by some time, you can file an appeal, just in case if it is rejected. Filing appeal is merely a way to buy more time in medical condition, i would not recomend relying on appeal for a positive outcome.

Regards,
Visator

[visator]

May be you are right, but still Appeal should buy you little more time and thats the purpose in this case. Not to stay longer and try keeping employment, but to avoid travel during pregnancy and first 1 month of delivery. Thanks for your focus on this thread and more information, that helps though.