L1A extn denied, wife just delivered a baby.... options?

[piyengar2010]

Hi,

My L1A visa expired in December 2012, and the I-94 expired in January 2013. Our I-94 extension went through an RFE and just got denied in March 2013.

Here's the extra complications:-

1) My father passed away in February. Being the only child, I had to travel back to India urgently in the middle of the extn process, knowing I will not be able to return unless the extn was approved.
2) My wife was in her 9th month of pregnancy and certainly could not travel with me.

So I'm now stuck in India and she's in the US with a 2 week old baby and our I-94 extn has been denied. It's going to take at least month or so to get the baby travel-ready (passport & PIO/visa). My company visa team & lawyers are exploring the options of changing her visa type so that she can stay there legally until that's done.

We're yet to decide on whether to appeal the decision, but I'm only concerned about getting my family back to India in the shortest amount of time.

My questions in this situation are:-

a) What is the impact of this denial on the company payroll, especially medical insurance? The client is okay with me working from India for a while, but given the petition denial, will I still be in the company payroll? If not, what kind of grace period is usually allowed?

b) Can I apply for a B2 visa, so that I can go back to the US to assist with the winding up of all our affairs (closing bank accounts, selling car & furniture, etc) and bring my family back? Again, I understand it's one thing to get a visa at the Consulate in India, and another to actually convince the Immigration Officer on entry at the Airport.

I'm not particularly concerned about living/working in the US in the immediate future.... I just want to bring my family back without more hassle.

thanks in advance for any suggestions,
Prashant

[raghvi]

Hi,

My L1A visa expired in December 2012, and the I-94 expired in January 2013. Our I-94 extension went through an RFE and just got denied in March 2013.

Here's the extra complications:-

1) My father passed away in February. Being the only child, I had to travel back to India urgently in the middle of the extn process, knowing I will not be able to return unless the extn was approved.
2) My wife was in her 9th month of pregnancy and certainly could not travel with me.

So I'm now stuck in India and she's in the US with a 2 week old baby and our I-94 extn has been denied. It's going to take at least month or so to get the baby travel-ready (passport & PIO/visa). My company visa team & lawyers are exploring the options of changing her visa type so that she can stay there legally until that's done.

We're yet to decide on whether to appeal the decision, but I'm only concerned about getting my family back to India in the shortest amount of time.

My questions in this situation are:-

a) What is the impact of this denial on the company payroll, especially medical insurance? The client is okay with me working from India for a while, but given the petition denial, will I still be in the company payroll? If not, what kind of grace period is usually allowed?

b) Can I apply for a B2 visa, so that I can go back to the US to assist with the winding up of all our affairs (closing bank accounts, selling car & furniture, etc) and bring my family back? Again, I understand it's one thing to get a visa at the Consulate in India, and another to actually convince the Immigration Officer on entry at the Airport.

I'm not particularly concerned about living/working in the US in the immediate future.... I just want to bring my family back without more hassle.

thanks in advance for any suggestions,
Prashant

Really sorry to hear about the unfortunate passing away of your father. I wouldnt get into your reasons for not filing extension timely, it was a personal decision by you and your employer. But honestly, delaying filing extension request till last moment results in such a mess.

Technically your spouse is out of status and illegal currently as her visa as well as I-94 have expired and extension is denied. As a result it will not be possible to convert her to a B2.

1.As you are not in US, your payroll may not be running, but I have heard of cases where people working out of US can still have their payroll running in US . Also its imperative that medical insurance for your dependents is active. check with your HR. Its more of a internal policy decision of the company not USCIS decision.

2. B2 for you is an option that can be explored but then the visa officer would see you not having a job/payroll running in India and whole family in US as negative and may think you would not return. You can certainly try your luck.

This is my opinion not legal advice.