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nick7252
07-15-2015, 10:35 AM
Hi,

I'm in the U.S., Phoenix AZ, on a L1B Visa through my company since March 2012. My visa/I94 extension was filed in February 2015 and in March 2015 I received an RFE for the same. Later in June my company responded to the RFE. Yesterday I received a notification from the USCIS website that my petition has been denied. I am aware that in this situation, I should be leaving the country ASAP. However, I've landed myself in a very difficult situation. My wife is 37 weeks pregnant and when we checked with her OB-GYN, she has denied permission to travel. The doctor has categorically mentioned that she cannot allow my wife to travel in this condition and can issue a letter to that effect. Unfortunately, none of the airlines will allow her to travel either. She is due for delivery by 7th August 2015. Iím not sure what should I do in this situation.

o When I was searching for more information on the internet, I stumbled upon this website for the U.S. Customs and Border protection - https://help.cbp.gov/app/answers/detail/a_id/962/~/extension-of-stay-denied. As per the information on this website, it states that I have to depart the country within 30 days. But in most of the forums Iíve read that we need to leave within a week of receiving the denial notice. Require guidance in this regard.

o Assuming that I am allowed to stay for additional 30 days, Iím legally not allowed to work. I currently have my insurance through my employer. Iím not sure if my insurance will remain active beyond my last legal working day in the U.S. Without that, Iím sure that I would not be able to manage the delivery and birthing expenses. Can I request my employer to allow me to continue my insurance policy until I leave the country?

o Assuming that my employer allows me to continue my insurance policy and that my wife delivers a baby in the next 2-3 weeks, how much time would it take me to get a Passport and Indian Visa for the baby? From what Iíve read so far, there is an expedited process for getting the passport within 3-4 days. Is there is a way to get the Indian Visa in an expedited manner as well?

o Lastly, I would be out of status during this extended stay in the U.S. after the denial of my visa/I94 extension. However, I do not have another choice at this point in time. What would be the impact of this on any future Visa petitions?

Any guidance in this matter would be highly appreciated.

pari1234
07-15-2015, 10:56 AM
Really really hope, your problem get resolved.... Can you talk to you attorney who filed for your extension?

nick7252
07-15-2015, 11:56 AM
Really really hope, your problem get resolved.... Can you talk to you attorney who filed for your extension?

Thank you for your response. I will try and speak to my company's attorney regarding this today.

testman
07-15-2015, 05:10 PM
Hi,

I'm in the U.S., Phoenix AZ, on a L1B Visa through my company since March 2012. My visa/I94 extension was filed in February 2015 and in March 2015 I received an RFE for the same. Later in June my company responded to the RFE. Yesterday I received a notification from the USCIS website that my petition has been denied. I am aware that in this situation, I should be leaving the country ASAP. However, I've landed myself in a very difficult situation. My wife is 37 weeks pregnant and when we checked with her OB-GYN, she has denied permission to travel. The doctor has categorically mentioned that she cannot allow my wife to travel in this condition and can issue a letter to that effect. Unfortunately, none of the airlines will allow her to travel either. She is due for delivery by 7th August 2015. Iím not sure what should I do in this situation.

o When I was searching for more information on the internet, I stumbled upon this website for the U.S. Customs and Border protection - https://help.cbp.gov/app/answers/detail/a_id/962/~/extension-of-stay-denied. As per the information on this website, it states that I have to depart the country within 30 days. But in most of the forums Iíve read that we need to leave within a week of receiving the denial notice. Require guidance in this regard.

o Assuming that I am allowed to stay for additional 30 days, Iím legally not allowed to work. I currently have my insurance through my employer. Iím not sure if my insurance will remain active beyond my last legal working day in the U.S. Without that, Iím sure that I would not be able to manage the delivery and birthing expenses. Can I request my employer to allow me to continue my insurance policy until I leave the country?

o Assuming that my employer allows me to continue my insurance policy and that my wife delivers a baby in the next 2-3 weeks, how much time would it take me to get a Passport and Indian Visa for the baby? From what Iíve read so far, there is an expedited process for getting the passport within 3-4 days. Is there is a way to get the Indian Visa in an expedited manner as well?

o Lastly, I would be out of status during this extended stay in the U.S. after the denial of my visa/I94 extension. However, I do not have another choice at this point in time. What would be the impact of this on any future Visa petitions?

Any guidance in this matter would be highly appreciated.

My understanding is you should be able to change into smoother visa category such as visitor visa in such a situation without leaving US. Check with the attorney.

Apart from this, employer is supposed to provide COBRA insurance. The rate will be higher, but you should be covered.

kingvijay
07-15-2015, 07:10 PM
Hi,

o Assuming that my employer allows me to continue my insurance policy and that my wife delivers a baby in the next 2-3 weeks, how much time would it take me to get a Passport and Indian Visa for the baby? From what Iíve read so far, there is an expedited process for getting the passport within 3-4 days. Is there is a way to get the Indian Visa in an expedited manner as well?



Getting a passport and Visa also requires that you have your child's SS card on hand which may take between 2-4 weeks. Plus Passport is another week-10 days even if expedited. Indian Visa is usually quick, within a week, but can become a pain because they ask for proof of parent's current I-94.

You are looking at close to 2 months before the mother and baby can travel with all documents on hand. No one would advise you to travel with a baby younger than 2 months old anyway.

Talk to your employer or insurance company about COBRA.

Talk to an immigration attorney to see how you can extend your stay because of extenuating circumstances. Hopefully there is a way to switch to Tourist Visa or Medical Visa or something.

Lastly, you might already know, but on a personal note, keep calm and let your wife relax. Immigration is the last thing an expecting mother needs to worry about. All the best.

nick7252
07-17-2015, 11:21 PM
Thank you for the responses and suggestions. The current status is as follows -
My Employer has asked me stop working with immediate effect and asked me to apply Leave Without Pay. Thereby, ensuring that my insurance remains active. Simultaneously, they are trying to apply for a conversion of visa to B2 (Tourist) visa on medical grounds. I've submitted all the paperwork and awaiting a response from my immigration team. Will keep everyone posted about the updates.

hfourvisa
07-18-2015, 04:02 PM
Nick,

At this moment, your wife needs peace and relaxing atmosphere. Don't worry about this crappy immigration system. You have valid grounds for not being able to leave US.

All the best