If L1B Extension denied and wife is 34 weeks pregnant - Urgent please

[vjd_123]

Hi,

My L1B extension visa status is showing "Decision" in USCIS website and my wife is 34 weeks pregnant now and doctor suugested that it is high risk to travel at this situation.

May be in next 1 week i will get the visa status either approved or denied.

If my L1B visa will be denied at this situation, what are the alternate solutions to stay in US until my wife delivery and getting passport for my new born baby(may be another 1 or 2 months time after delivery).---?

Thanks in advance...

Thanks,

Vjd_123

[raghvi]

Hi,

My L1B extension visa status is showing "Decision" in USCIS website and my wife is 34 weeks pregnant now and doctor suugested that it is high risk to travel at this situation.

May be in next 1 week i will get the visa status either approved or denied.

If my L1B visa will be denied at this situation, what are the alternate solutions to stay in US until my wife delivery and getting passport for my new born baby(may be another 1 or 2 months time after delivery).---?

Thanks in advance...

Thanks,

Vjd_123

If your I-94 has expired then you dont have any option other than to leave US, unless you want to accumulate illegal presence. If your I-94 has not yet expired then you can continue to stay in US and work till I-94 or try converting to B2.

34 Weeks was nearly 8-9 Months back, why did you not apply for extension in timely manner and even if was file dlate, why was it not upgraded to premium? USCIS doesnt recognize preganancy as a reason to overstay or stay illegally.

This is my opinion not legal advice.

[vjd_123]

If your I-94 has expired then you dont have any option other than to leave US, unless you want to accumulate illegal presence. If your I-94 has not yet expired then you can continue to stay in US and work till I-94 or try converting to B2.

34 Weeks was nearly 8-9 Months back, why did you not apply for extension in timely manner and even if was file dlate, why was it not upgraded to premium? USCIS doesnt recognize preganancy as a reason to overstay or stay illegally.

This is my opinion not legal advice.

Thanks for your reply for my query.

My I-94 got expired. Can you please suggest any other options? because doctors and air lines also doesn't accept to travel at this situation.

[raghvi]

Thanks for your reply for my query.

My I-94 got expired. Can you please suggest any other options? because doctors and air lines also doesn't accept to travel at this situation.

None that I can think of as of now. Since yoru I-94 has expired you cant do a COS too. Pray that your extension gets approved otherwise unfortuantely, you will be out of status and illegal too as your I-94 has expired.

Worst case If USCIS rejects your extension and asks you to leave immediately the HS Department can try to deport you.

Will you company keep paying you/insuring inspite of you not having a valid I-94 has also to be looked upon with your HR.

Now will this illegality have any problems getting a new visa for you in future can only be decided by the VO who takes your interview in the future.
You have to convince the VO next time that you will not Overstay again by showing proof of preganancy and delivery etc. But if you overstay 180 to 364 days, there is penalty of not being able to come back for 3 years. If you overstay 1 year or more, the penalty is 10 years.

Also, you need to talk to a good immigration lawyer in order to assess the feasibility of your child getting a US passport and subsequent Indian visa if you were out of status.

This is my opinion not legal advice.

[vjd_123]

None that I can think of as of now. Since yoru I-94 has expired you cant do a COS too. Pray that your extension gets approved otherwise unfortuantely, you will be out of status and illegal too as your I-94 has expired.

Worst case If USCIS rejects your extension and asks you to leave immediately the HS Department can try to deport you.

Will you company keep paying you/insuring inspite of you not having a valid I-94 has also to be looked upon with your HR.

Now will this illegality have any problems getting a new visa for you in future can only be decided by the VO who takes your interview in the future.
You have to convince the VO next time that you will not Overstay again by showing proof of preganancy and delivery etc. But if you overstay 180 to 364 days, there is penalty of not being able to come back for 3 years. If you overstay 1 year or more, the penalty is 10 years.

Also, you need to talk to a good immigration lawyer in order to assess the feasibility of your child getting a US passport and subsequent Indian visa if you were out of status.

This is my opinion not legal advice.

Hi raghvi,

Thanks for your help in responding to my queries.

Is there any possibility to apply for MTR (Motion to re-open) after L1B denied?
If my company apply for MTR, can i stay legally in US until i will get the response for MTR?

If i am not bothering about penalty of not being able to come back to US for 3 years, can i stay in US until my wife deliver the baby and 1 or 2 months after new baby born and then i will go back to India. In this situation, what are the major problems i have to face?


Thanks,
vjd_123

[raghvi]

Hi raghvi,

Thanks for your help in responding to my queries.

Is there any possibility to apply for MTR (Motion to re-open) after L1B denied?
If my company apply for MTR, can i stay legally in US until i will get the response for MTR?

If i am not bothering about penalty of not being able to come back to US for 3 years, can i stay in US until my wife deliver the baby and 1 or 2 months after new baby born and then i will go back to India. In this situation, what are the major problems i have to face?


Thanks,
vjd_123

An MTR can take upto 2 years to resolve and subsequently if denied you risk of being denied entry for many years.


If your L1 extension is denied you basically become out of status. And even if MTR is filed I think you cannot work beyond 240 Days after your I-94 expiry. In that hypothetical situation, what you are essentially asking is the question whether you can illegally stay or not. If denial comes I would suggest you talk to your lawyer to determine your options.

This is my opinion not legal advice.

[pkkt]

If L1B Extension denied and wife is 34 weeks pregnant - Urgent please

Hi Raghvi,
Currently I am on H1B and my visa/I94 is valid until Jul 2013.
My husband is on L1B and I have applied for L2 COS thru my husband's employer.
I am still waiting for the case number (eac or wac #) for my COS application from USCIS.

When can I resign my current job? (I am 30 weeks pregnant and want to resign the current job immediately due to health condition.)
Can I resign immediately or should I wait until I get the case number or should I wait until the final decision (L2 approved/rejected)?

I am sorry, did not mean to intrude the original post. Need immediate help. Thanks in advance.

[raghvi]

I would recommend waiting till you get a receipt.

This is my opinion not legal advice.

[pkkt]

If L1B Extension denied and wife is 34 weeks pregnant - Urgent please

Hi Raghvi,
Thanks for your response!

[nihcas2000]

Hi,

My L1B extension visa status is showing "Decision" in USCIS website and my wife is 34 weeks pregnant now and doctor suugested that it is high risk to travel at this situation.

May be in next 1 week i will get the visa status either approved or denied.

If my L1B visa will be denied at this situation, what are the alternate solutions to stay in US until my wife delivery and getting passport for my new born baby(may be another 1 or 2 months time after delivery).---?

Thanks in advance...

Thanks,

Vjd_123

How much time it took to change status to "Decision"?

I am also in same condition as you are. I am looking for extension through medical reason which I can apply for my wife.

[vjd_123]

An MTR can take upto 2 years to resolve and subsequently if denied you risk of being denied entry for many years.


If your L1 extension is denied you basically become out of status. And even if MTR is filed I think you cannot work beyond 240 Days after your I-94 expiry. In that hypothetical situation, what you are essentially asking is the question whether you can illegally stay or not. If denial comes I would suggest you talk to your lawyer to determine your options.

This is my opinion not legal advice.

Hi,

Thanks for your reply.

Today i got my L1B extension status as denied. So my L1B visa and I-94 got expired on Sept'2012 and so far it is 120 days after my I-94 expiry.
I am in a very critical situation now. Please clarify the below questions.

1. If I will ask my company to apply MTR for my L1B denied visa, can I work for another 120 days legally?
2. If there is a chance to work for another 120 days after MTR is opened, atleast i can stay here in US legally until my wife's delivery and i can travel to India within 120 days. Is it possible?

Can you please suggest me a better option to stay in US until my wife's delivery?

Again thanks for your help in responding for my query.

Thanks,
vjd_123

[gowtham4u]

If L1B Extension denied and wife is 34 weeks pregnant - Urgent please

Hi please let me know if you are able to extend your stay legally some how

[raghvi]

Hi,

Thanks for your reply.

Today i got my L1B extension status as denied. So my L1B visa and I-94 got expired on Sept'2012 and so far it is 120 days after my I-94 expiry.
I am in a very critical situation now. Please clarify the below questions.

1. If I will ask my company to apply MTR for my L1B denied visa, can I work for another 120 days legally?
2. If there is a chance to work for another 120 days after MTR is opened, atleast i can stay here in US legally until my wife's delivery and i can travel to India within 120 days. Is it possible?

Can you please suggest me a better option to stay in US until my wife's delivery?

Again thanks for your help in responding for my query.

Thanks,
vjd_123

Does the denial notice say by when you have to leave? Just by applying MTR doesn't grant you a valid status and I believe your employment is also not authorized. If the motion is denied, you can possible face a 3 or 10 year bar for unlawful presence in the U.S. Do try to avoid overstaying by 180 days or longer. Talk to your HR and attorney regarding your options.

This is my opinion not legal advice.

[dchinmay]

Hi,

My L1B extension visa status is showing "Decision" in USCIS website and my wife is 34 weeks pregnant now and doctor suugested that it is high risk to travel at this situation.

May be in next 1 week i will get the visa status either approved or denied.

If my L1B visa will be denied at this situation, what are the alternate solutions to stay in US until my wife delivery and getting passport for my new born baby(may be another 1 or 2 months time after delivery).---?

Thanks in advance...

Thanks,

Vjd_123

Hi Vjd-123, what did u decide to do ultimately. I am in a similar boat so wanted to know. thanks.

[rajkumark]

Hi Vjd-123, what did u decide to do ultimately. I am in a similar boat so wanted to know. thanks.

Hi Vjd-123/dchinmay,

Please let me know what you guys did to overcome the situation. I am exactly in same situation. Kindly share your experience if possible through personal message.

Rgds, Raj