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L1B extension is pending with USCIS + I am 6 months Pregnant (cannot travel back)

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  • L1B extension is pending with USCIS + I am 6 months Pregnant (cannot travel back)

    Hey there,
    My L1B extension (for 2 years to max out 5 years) was filed with USCIS on Dec 10th and it is still under processing. No status change or RFE yet. My 240 days are getting over by August 20th. My I94 expired on Dec 21st 2020.
    I am also currently 6months pregnant and i do not intend to travel back with my pregnancy situation and also India pandemic situation.
    I do not have GC processed yet and my Husband is in H1B visa.

    My questions:
    1. If in case of L1B extension denial, Can I apply for Change of status from L1B to H4 without leaving the country? My I94 is expired.
    2. Is it advisable to apply for premium processing on my L1b extension now? Will it trigger to denial?
    3. I am ok to leave my work status but I do not want to leave the country, what are my other options available for this situation?

    I am really stressed out about my visa conditions and pregnancy. Any help on this is much appreciated.

  • #2
    Is it advisable to apply for premium processing on my L1b extension now? Will it trigger to denial?
    I am not sure about your other question, but WRT the above, that way, approval or denial is anyways based on USCIS discretion.
    Premium processing will result in USCIS responding to the application within 15 days (with approval, denial or RFE). If an RFE is issued, you should reply ASAP and that will restart a 15 day window for USCIS to respond again, hopefully with an approval.So, IMO, you should try premium processing. In the current scheme of things, it seems more likely that delays are a result of the backlog created by COVID rather than being anything else, so premium processing should not adversely affect the case.

    Before you get to premium processing, what is the processing time shown at USCIS website for the service center where you filed the extension ? If it has gone beyond the normal processing time, then you can raise a case inquiry request :

    Comment


    • #3
      Yes sure. I have reached out to my employer to change the petition under premium processing.
      About case inquiry, it is not helping much to expedite the process. One of my colleagues sent the inquiry. USCIS replied that it will be processed in 30 days, its been more than 2 months. no updates to him as well yet.

      Thanks for your response!!

      Comment

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