L1B Visa extension filed..Wife is pregnant

[nitk]

My L1B visa expired Feb 19, 2013 at Vermont. Got RFE March 6, 2013... We are expecting baby May 25, 2013...

1. How much minmum time we can expect from now onwards considering we will reply for RFE as late as possible?
2. WHat mitigation plan we can think of in case denial comes earlier??.. I need time till July 7, 2013 to get everything settled..
3. If I convince my employer to file B1/B2 for me in case of worst case scenario,, how much time it will take to get approved/ denied? While application for B1/B2 is pending will our presence be legal/ illegal?

4. Do I run risk of facing legal issues if I overstay by 3 weeks or so due to medical conditions?

5. Is there any other plan we can think of to handle situation?

[raghvi]

My L1B visa expired Feb 19, 2013 at Vermont. Got RFE March 6, 2013... We are expecting baby May 25, 2013...

1. How much minmum time we can expect from now onwards considering we will reply for RFE as late as possible?
2. WHat mitigation plan we can think of in case denial comes earlier??.. I need time till July 7, 2013 to get everything settled..
3. If I convince my employer to file B1/B2 for me in case of worst case scenario,, how much time it will take to get approved/ denied? While application for B1/B2 is pending will our presence be legal/ illegal?

4. Do I run risk of facing legal issues if I overstay by 3 weeks or so due to medical conditions?

5. Is there any other plan we can think of to handle situation?

I am assuming along with your visa your I-94 has also expired in Feb 2013. I am sure you would have known way before Feb 2013 that your spouse was carrying. Not filing extension at that time was a mistake as now if your extension request is not approved, you will be out of status from Feb 2013 onwards. Secondly not applying for L1 extension in premium has further delayed the decision on your L1 extension request.

1. The time to respond to RFE would be mentioned in the RFE itself. You should respond to RFE before that date. How much time after that USCIS takes to decide on your RFE and request only USCIS can say so unless you upgrade to premium.
2. If your I-94 has already expired no mitigation plan can be done now. Your only hope is to get a L1 extension approved.
3. Again, if your I-94 has expired you cannot do a COS to B1/B2.
4. As mentioned, if L1 extension is rejected, you become out of status and should leave US immediately. If you dont leave immediately or within a week/10 days it may or may/may not result in negative future visa stampings, based on the officer you meet in the future. USCIS doesnt recognize medical reasons as valid to overstay/stay illegally.

As I said, getting a favorable L1 extension decision is the best way out.

This is my opinion not legal advice.