L1 Extn / H1 Stamping

[mihirapatra]

I have following situation and I would like to get expert advise on the possibility to be at USA on valid VISA during next quarter.

1. I have received RFE on my L1 extn. We would be responding to RFE by 10 of Nov.
2. I got my H1B Approved and H1 Amendment is in process in regular mode and waiting for response.
3. My wife is pregnant and doctor would not advise travel us after Dec 14. (I would like to avoid the case where I receive a denial message and doctor would not let us travel)
4. Project wants me to be USA for next quarter which is from Jan to March. Project is very supportive and they would like to get the premium process done on any possibilities.

[raghvi]

I have following situation and I would like to get expert advise on the possibility to be at USA on valid VISA during next quarter.

1. I have received RFE on my L1 extn. We would be responding to RFE by 10 of Nov.
2. I got my H1B Approved and H1 Amendment is in process in regular mode and waiting for response.
3. My wife is pregnant and doctor would not advise travel us after Dec 14. (I would like to avoid the case where I receive a denial message and doctor would not let us travel)
4. Project wants me to be USA for next quarter which is from Jan to March. Project is very supportive and they would like to get the premium process done on any possibilities.

When is your I-94 and your spouse's I-94 expiring? Was H1 applied as COS? What is the amendment for?

[mihirapatra]

When is your I-94 and your spouse's I-94 expiring? Was H1 applied as COS? What is the amendment for?

I-94 is already expired. I don't see I-94 details in bottom of petition. I recently changed my client and location and Amendment is for the same.

[raghvi]

In that case you have very limited options. Either upgrade L1 extension to premium process , the decision should come before Nov end and if rejected leave US within Doctor's deadline for travel.
OR
File RFE response late but before deadline and if rejection hope the decision comes after your spouse is able to travel post delivery.

Option 1 seems more doable but you would then most probably have the baby outside US.

USCIS does not usually consider pregnancy to be a valid reason to overstay.

This is my opinion not legal advice.

[mihirapatra]

In that case you have very limited options. Either upgrade L1 extension to premium process , the decision should come before Nov end and if rejected leave US within Doctor's deadline for travel.
OR
File RFE response late but before deadline and if rejection hope the decision comes after your spouse is able to travel post delivery.

Option 1 seems more doable but you would then most probably have the baby outside US.

USCIS does not usually consider pregnancy to be a valid reason to overstay.

This is my opinion not legal advice.

If I go ahead with 1st option - Do I have to process the H1 B Amendment as premium so that I can come to USA soon? so we will have to consider 2 premium processing.
Whats the other way if I can leave the country by end of Nov and come here by 1st week of January 15? Can I get the Amendment result by then?

[raghvi]

Yes premium processing both will get quicker result.

This is my opinion not legal advice.

[mihirapatra]

Yes premium processing both will get quicker result.

This is my opinion not legal advice.

May be this would be my last question - Can I leave the country wile extn is process? if so will we be able to withdraw the case from USCIS?
if so what is the process?