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Old 07-15-2015, 11:33 AM
nick7252 nick7252 is offline
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Default L1B Extension Denied - Wife 37 weeks pregnant, cannot travel


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 - 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.
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