Tweet
Parents B2 Visa Extension while my H1B Visa Extension is still in process
Dear Expert Members,
My parents are currently in USA on B2 Visa with I-94 expiry date on Feb 22, 2017. They have come for the reason of my wife's 2nd delivery. Now the delivery is done and new born is 3.5 months old. My wife is still feeling so much weakness and it will be very difficult for her to take care of my 4 yrs old son and 3.5 months old daughter. So I want to extend my parents stay temporarily for 3 to 5 months. Below are the things we need to take into account :
1) I am on H1B visa and my 6 yrs. max out is in Sep 2017. My Labor/Perm is approved and my employer is in the process of filling I-140. My current I-94 is expiring on 12/31/2016 and my H1B extension is filed and I have the receipt number. Can I apply for my parent's B2 visa extension when my H1B visa extension is in process and not approved ?
2) If we file B2 extension and its result do not come by my parents I-94 expiry i.e. 02/22/2017 then I am aware that my parents can stay until the decision comes but what if decision comes in rejection then will they have to depart on the same day of rejection ? Practically, departing on the same day is not possible and I have read that if they do not depart on the same day then they will be considered Out of Status which will affect their future entries in USA.
Thanks in Advance,
Bhavin
My parents are currently in USA on B2 Visa with I-94 expiry date on Feb 22, 2017. They have come for the reason of my wife's 2nd delivery. Now the delivery is done and new born is 3.5 months old. My wife is still feeling so much weakness and it will be very difficult for her to take care of my 4 yrs old son and 3.5 months old daughter. So I want to extend my parents stay temporarily for 3 to 5 months. Below are the things we need to take into account :
1) I am on H1B visa and my 6 yrs. max out is in Sep 2017. My Labor/Perm is approved and my employer is in the process of filling I-140. My current I-94 is expiring on 12/31/2016 and my H1B extension is filed and I have the receipt number. Can I apply for my parent's B2 visa extension when my H1B visa extension is in process and not approved ?
2) If we file B2 extension and its result do not come by my parents I-94 expiry i.e. 02/22/2017 then I am aware that my parents can stay until the decision comes but what if decision comes in rejection then will they have to depart on the same day of rejection ? Practically, departing on the same day is not possible and I have read that if they do not depart on the same day then they will be considered Out of Status which will affect their future entries in USA.
Thanks in Advance,
Bhavin
Comment