L1B Extension - Medical Reason. Urgent :-(

[playinusa]

Friends,

I am with L1B visa which got expired on Jan9th 2012 (Both I94 & Visa expiry on the same day) and my company filed extension for me and my spouse. The status is in Initial review with USCIS.
My wife staying with me in L2 is pregnant and its 30th week for her. Doctor told that travelling now will be a high risk for both baby and mom, since the due date is Mid of Apr 2012.

My Questions:

1) I wanted to know the options to deliver the baby here in US under this circumstance.
2) Can i extend my stay 2 months after the delivery (ie. till June, as i need to take passport for my baby)?
3) Can i request visa ext on the medical reason, as travelling now is ruled out?

Please advice me in this regard as this is very urgent and I appreciate your timely help.

Regards,
jd

[raghvi]

L1B Extension - Medical Reason. Urgent :-(

There is no such provision.You are asking extension and stay based on wrong reasons and USCIS doesnt recognize it. If it is so urgent, why wasnt extension filed 6 Months prior to I-94 expiry? Your company attroney and you should have known that there is a provision to file extension as early as 6 Months prior to yours and your spouse's I-94 expiry. Even now, why isnt L1 extension filed under premium? You can get response within 15 days. Have you received receipt of extension filing?

[playinusa]

Thanks Raghvi for your reply...

There is no such provision.You are asking extension and stay based on wrong reasons and USCIS doesnt recognize it. If it is so urgent, why wasnt extension filed 6 Months prior to I-94 expiry? Your company attroney and you should have known that there is a provision to file extension as early as 6 Months prior to yours and your spouse's I-94 expiry. Even now, why isnt L1 extension filed under premium? You can get response within 15 days. Have you received receipt of extension filing?

Hi Raghvi,

Yes I got my Extension filing #.

To tell the truth, I thought that my wife can travel before 32 weeks and I decided everything based on that. Now she is finding hard to even sit in the same position for 30 min. Also this is my first time stay in US and these things didnt come to my head at the right time.

Regards,
Jd

[raghvi]

I wouldn't suggest you dont take risk with your wife's and your baby's health. I wouldn't suggest you convert to premium processing as of now. Let the Extension filing take its own pace. If it gets approved you are good, but if the petition is denied, you would be out of status as of the date your I-94 expired. Also, if denied, you would have to leave immediately. If you are out of status for 180 days or more , you trigger a three year bar from the US upon leaving the US. The bar is 10 years if you are out of status for one year or more. This is my opinion, please take informed decision based on expert and legal guidance.

[playinusa]

Thanks Raghvi for your Prompt reply :-)

Hi Raghvi,

Thank you so much for your advice.

Actually My I94 got expired on Jan8th. So at any cost i should leave US before July 7th, if it is denied right?

After getting the Passport and PIO for my baby, i will leave immediately before July 7th. Can i consult an Attorney? coz if i intimate this to my company then they will ask me to leave immediately as they will not understand my family condition.

Regards,
Jd

[raghvi]

As I said, if approval comes its good otherwise, in case of denial, the longer you stay after denial the lesser chances of you returning back easily. This is my opinion, do seek expert opinion too.

[smdrew]

How are you going to get a passport for your baby without triggering notice that you are out of status and getting deported before your extension is determined?

[playinusa]

Baby PP

How are you going to get a passport for your baby without triggering notice that you are out of status and getting deported before your extension is determined?

Hi smdrew,

I dont think we need to be in status,To apply the passport for the baby. Birth certificate of the baby and the PP of mine is required.

Regards,
Jd

[playinusa]

Attorney Contact pls

Hi smdrew,

I dont think we need to be in status,To apply the passport for the baby. Birth certificate of the baby and the PP of mine is required.

Regards,
Jd

Can anyone please let me know any Attorney to whom i can contact regarding this? Please help me and send me private message.

Regards,
Jd