Expired L1 and can't fly due to unavailable dependent visa for newborn kid ...

[nishantsharma135]

Hi All,
I am with company A on L1 visa until Jan 2011. I am planning to quit that company and join company B on H1-B. I am planning to quit company A on 31st August and apply H1-B next week which should be submitted by 31st August.

Question 1:- Once I quit company A, I will be asked to leave USA as I will no longer be on valid visa. Can I stay back in USA as company B has already submitted H1-B documents?

Question 2:- If answer to first question is "No", then I would like to understand if I can stay back in USA until I get US passport and Indian Visa for my newborn kid. Would that be legal? (** I had a baby recently and we are still waiting for passport and visa)

Please help.

[txh1b]

You are allowed to remain in the US on a pending petition but however, in your specific case, that may not apply as H1b period starts from Oct 1st and you have a gap in status for one full month due to which a COS cannot be applied.

You can get a passport for a child fairly quick if that is preventing travel however, you need to look at other things before you can fly a young infant on a trans-atlantic/pacific flight.

You can apply for a COS to B1/B2 before you quit L1 company. However, if any of your status requests get denied, you along with the family will accumulate illegal stay/out of status period which could have bad consequences.

Talk to your lawyer and read about "bridging" on the forum.