L1 Blanket extension during pregnancy

[Newuser234234]

I have an L1B blanket visa with expiration in mid Jan2019 (same date as i94). My wife has an L2 dependent visa (i94 mentions apr2019). My wife is pregnant and our baby is due for March 2019. I have two options: File a premium extension now or file a regular extension. My company is done with the documentation and the lawyer has prepared the draft for submission. Medically, my wife should not travel internationally after the second week of jan.

What is the best option for me ?

[Libra_14]

I have an L1B blanket visa with expiration in mid Jan2019 (same date as i94). My wife has an L2 dependent visa (i94 mentions apr2019). My wife is pregnant and our baby is due for March 2019. I have two options: File a premium extension now or file a regular extension. My company is done with the documentation and the lawyer has prepared the draft for submission. Medically, my wife should not travel internationally after the second week of jan.

What is the best option for me ?

I would suggest to go with normal processing & ask your attorney to submit the application during first/second week of Feb only.

Most probably you won't get any response by April ... An RFE will give you another couple of months to stay in USA.

[Newuser234234]

... ask your attorney to submit the application during first/second week of Feb only.

I think you mean Jan since my visa is no longer valid post Jan.

Most probably you won't get any response by April ...

I understand that it takes time for normal processing, but, what will happen in the case of a direct rejection? Isn't it too late for me ?

An RFE will give you another couple of months to stay in USA.

This is something I don't know much about, some folks have said that an RFE is 80 calendar days, some have said it depends on USCIS.

[Libra_14]

I think you mean Jan since my visa is no longer valid post Jan.

Yes, sorry for the typo - I meant before the expiry of your I94 & as late as possible.

Please note that your visa has nothing to do, your valid petition & I94 matters for now. You need visa only at POE when you enter in USA, after that your petition & I94 works.

I understand that it takes time for normal processing, but, what will happen in the case of a direct rejection? Isn't it too late for me ?

Even for direct rejection also, you won't get the response before 4 months of your application - this is the normal processing time right now - unless they add some new rule/process & start processing the application faster.

This is something I don't know much about, some folks have said that an RFE is 80 calendar days, some have said it depends on USCIS.

The reality is you can stay for max 240 calendar days after your I94 expiry with filed extension & awaiting its response (this includes RFE processing also).

So for example, if your I94 is expiring 15th Jan 2019, you need to have "final approval" in your hand (with or without RFE) by 12th Sep 2019 or else you'll need to go out. And if you get your approval after 12th Sep you can come back using that approval & valid visa (existing or renewed).