L1 A visa RFE situation

[vin23]

Below is my situation

1. My L1 A Visa is in REF review status. We have responded to attorney and Attorney will send the REF details to USCIS end of April 2013 as per the designed process which will produce the result end of May or starting June 2013.
2. In situation, My wife is pregnant and expected the baby in mid of June 2013. if REF is positive then it will not be any problem but if REF is got rejected then below are the options suggested by my employer
1. We can stay under medical reasons in visitors visa
2. We will get a insurance as per visitor visa.
3. We will not get any paid as we are in visitor visa.

Need more clarification for below

1. Is there any compensation employer has to pay to manage to stay in USA under this situation?
2. Can we claim for redeem amount as we came on company visa?
3. Can my employer will process H1 visa for me?

Please advise if you know any other option to manage the expenses if visa got rejected.

thanks in advance[/QUOTE]

[vin23]

Someone please advise on below situation. This is little bit urgent.

Below is my situation

1. My L1 A Visa is in REF review status. We have responded to attorney and Attorney will send the REF details to USCIS end of April 2013 as per the designed process which will produce the result end of May or starting June 2013.
2. In situation, My wife is pregnant and expected the baby in mid of June 2013. if REF is positive then it will not be any problem but if REF is got rejected then below are questions

1. can we stay under medical reasons? How long? Who will file the visitor visa?
2. Can we get a insurance with previous coverage?
3. Can my employer pay ?


Please advise if you know any other options?

thanks in advance

[/QUOTE]

[raghvi]

Someone please advise on below situation. This is little bit urgent.

[/QUOTE]

Firstly, pregnancy is not medical reason to stay in US and USCIS doesn't consider it a valid reason to stay in US when one doesn't have a valid visa and I-94.

If your L1A I-94 has already expired or expires before L1A decision comes then if your L1A is rejected then you have to leave US and cant convert to a visitor visa.

The Change of Status to B2 has to filed before your I-94 expiry for both you and your spouse. Who pays for it has to be decided between you and your employer. As for insurance, if your B2 stay is filed in timely manner then you can possibly take insurance from private players who will pay for it is again a matter between you and your employer. Redeeming any expenses is a matter of your company HR policy.

Lastly, if your L1A visa I-94 has already expired then it wont be possible to convert to H1 without leaving US.

This is my opinion not legal advice.

[vin23]

Thanks for the advise. We are in discussion with my employer to do the premium process now which will get a result 2 weeks hopefully to avoid the situation in last minute and get some other help in case of rejection.
Will keep you posted once have update from my employer.



Firstly, pregnancy is not medical reason to stay in US and USCIS doesn't consider it a valid reason to stay in US when one doesn't have a valid visa and I-94.

If your L1A I-94 has already expired or expires before L1A decision comes then if your L1A is rejected then you have to leave US and cant convert to a visitor visa.

The Change of Status to B2 has to filed before your I-94 expiry for both you and your spouse. Who pays for it has to be decided between you and your employer. As for insurance, if your B2 stay is filed in timely manner then you can possibly take insurance from private players who will pay for it is again a matter between you and your employer. Redeeming any expenses is a matter of your company HR policy.

Lastly, if your L1A visa I-94 has already expired then it wont be possible to convert to H1 without leaving US.

This is my opinion not legal advice.[/QUOTE]

[happybuddha]

Also, if you end up shopping for insurance keep in mind the pregnancy rider option. Although it is illegal, many insurance companies still treat pregnancy as a pre existing condition.