L1 Extension Denied - Not in a situation to travel out of USA

[SivaBalan]

Hi,

My L1B VISA and I-94 is expiring on 20-July-2010 and recently my company applied for my extension and that got denied. My attorney is yet to receive the denial notice. On the other-hand my wife has completed 39 weeks of pregnancy and we are expecting our baby anytime now. So, I wont be able to travel out of US for another 3 months atleast.

My attorney says he will reappeal / apply for a Motion to Reopen (MTR) once he receives the denial notice.

Here are my questions:


Is that true if MTR is applied I cannot go to India and file a new VISA (neither H1 through other employer or H1/L1 through the same company) unless MTR is withdrawn?

Incase the MTR also gets denied I will not have any option but to leave the country. Unfortunately if USCIS replies very soon within a month and by that time, if Im still not yet prepared to leave, what would be the implications?

If MTR is denied will that affect my future re-entry into US through the same company or different company?

Will Change of Status to B2 help me in this situation (I have a valid B1 VISA but my wife doesn't have B1/B2) ? Incase of COS, can I continue with my company's insurance till I leave US or Apply and change to H1?

Please help me with answers so that I can be confident while discussing with my company next week.

[swadesh1025]

Hi SivaBalan

Currently we are also facing a similar situation. My husband got RFE for his L1B visa extension. Now he is preparing documents. Our Visa and I94 will expire very soon. I am 32 week pregnant and as per my doctor I am under a high risk pregnancy category so I will be in a high risk situation if I travel at this stage. We are also thinking what we can do if our L1B extension get rejected? Did you apply for MTR? what is the result?How long it will take to get a decision? please let me know how you guys overcame this difficult situation?

Any help would be greatly appreciated.
Thanks

[SivaBalan]

Hi Swadesh

My company's attorney applied for MTR and we didnt get any response on that yet. It takes between 10 - 18 months. So far my status is legal and Im continuing on my job.

For renewing my driving license, I showed the receipt for MTR to BMV and got it renewed for 8 months.

Incase your company is not willing to apply MTR then the only option leftout is, change of status to B1/2 if you already have a B1 Visa and H1 might be too late now.

All the best.

Thanks and regards,

Siva Balan

[swadesh1025]

Hi SivaBalan
Thanks for your reply. I really appreciate your helping mentality.
We can ask my husband's company to apply MTR mentioning our critical condition. If we get at least 3 months, then I think we will be in a good shape.
Actually I am feeling a little bit relieved after reading your reply
At least we have an option to extend our stay for some time. That exactly we want now.

Wishing you and your family all the best.

Thanks

[SivaBalan]

Hi Swadesh,

One more very important information. MTR can be applied only before the Expiry of I-94, otherwise change of status to B1 visa is the only option.

Thanks and regards,

Siva Balan

[shervin143]

Even change of status to B1/B2 is not possible with an expired I-94 (When you have already accumulated illegal stay, change of status to any other status will not get approved). You will need the help of a good immigration attorney at that stage to explain to USCIS the reason why you will not be able to travel back to your home country (It may or may not work).

Hi Swadesh,

One more very important information. MTR can be applied only before the Expiry of I-94, otherwise change of status to B1 visa is the only option.

Thanks and regards,

Siva Balan

[Libra_14]

Hi All, Reopening an old post to check status on this situation. One of my friend is in the same situation & need advice.