L1 Visa Expiry, I-94 Valid and wife is Pregnant- Urge for help

[Venkat12]

Respected Attorney,

I am on L1 Visa & my wife is on L2. My L1B expiring in next month, but I got I-94 valid till 2015 (same for me & my wife as well).

My company is not applying extension and instructing me to retun back to India next month 3rd week. I asked my Manager to release several months ago, due to project work load he asked me to stay back. He also promised that he will try for extension. Now he is saying it may not be possible.

Problem is, My wife is Pregnant and in Mid of 7th Month (late pregnancy 36+ years) and having Nausea & Diabetic (due to pregnancy). we are afraid to take a risk her travel back during this stage of pregnancy.


Request for the clarification on the below :


* Can we say that we cannot travel at this stage of pregnancy

* Per my company, one can stay with I-94 and cannot work. Not sure my Manager will help me to utilise the option. He may ask to resign if I am not willing to travel. In that case, if I resign; will it be legal for me to stay with I-94 validity.

* Some one said Doctor will not allow to travel after 7th month and it is purely Patiency decision on the risk. Is it right, if so can I ask Dr. and stay back if they dont recommend to travel (With or without resignation)

* If Doctor dont see risk and recommend to travel; eventhen we are not ready to travel because of fear. Will that create any problem for me or my wife.

* Do I need to approach Lawyer if my company is not willing to continue with my request and ask to resign


Your help is high requested as we are in tension as she is not feeling well. Please help me.

[kabkaba]

There is no immigration solution to keep you here if your company wants you to go back.
Your company should speak with their lawyers. If the petition is blanket and valid indefinitely or valid for a long duration, you can certainly stay in the US and work as per your I-94. Visa in your passport is just an entry document, its expiry makes no difference. Extension is just not required (there is nothing to extend since I-94 and petition are already valid until 2015). Under no circumstance can you stay but not work, that will make you out of status.

Airlines will not let you board in so late pregnancy and it is not safe for your wife and baby either. So just speak to your company. If you are talking to some HR person, have them speak to their lawyer.

[Venkat12]

There is no immigration solution to keep you here if your company wants you to go back.
Your company should speak with their lawyers. If the petition is blanket and valid indefinitely or valid for a long duration, you can certainly stay in the US and work as per your I-94. Visa in your passport is just an entry document, its expiry makes no difference. Extension is just not required (there is nothing to extend since I-94 and petition are already valid until 2015). Under no circumstance can you stay but not work, that will make you out of status.

Airlines will not let you board in so late pregnancy and it is not safe for your wife and baby either. So just speak to your company. If you are talking to some HR person, have them speak to their lawyer.

Thanks a lot kabkaba for quick reply. I will discuss with my HR team for further help.

Please provide your input on another question. Whether Doctor allow her to travel or it is patience to decide to take risk whether to travel or not. If Doctor say no, do I need to take Lawyer help to produce documentation to Company Hr.

[kabkaba]

It is not very likely that the Doctors will allow, but you can ask your Doctor. I am not a Doctor, but I will strongly advise you against taking any risks.

You can consult your own lawyer and have them talk to your HR. But it is better if the HR talks to their own lawyers.

[Venkat12]

Thanks a lot and will go per suggestion. Just to ask, can we request you to delete the questions we asked here ?