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Old 04-17-2015, 05:20 PM
VKRaj VKRaj is offline
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Unhappy URGENT: H1B Expired, forgot to renew H1B and out of status

My H1B expired on 4th March 2015. I was pregnant and forgot to remind my employer about H1b renewal and they also forgot about it. I was on maternity leave from "3rd March" and gave birth to baby on 5th April(C-Section). I am still in USA. What are the possibilities for me to renew H1B or change of status to H4 while I am here instead of going out of country. I am out of status for 45 days, I understand that I can't stay in this country for more then 180 days while I am out of status.

1. Is it possible to renew my H1B by using my pregnancy complication as excuse
2. Is it possible to file change of status to H4

I am trying to avoid going out of US to get H4 status.
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  #2  
Old 10-05-2015, 05:38 PM
ralema ralema is offline
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Default to follow up

I am kind of on a similar situation, could you tell me how you fixed your situation
on been out of status?
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  #3  
Old 10-05-2015, 05:56 PM
VKRaj VKRaj is offline
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We applied for change of status h1-h4. COS got approved with future date, I think this could be because of incomplete application by my attorney. We filed H1-H4 along with my husband's renewal so they approved H4 with my husbands renewal dates instead of considering his current period. I ended up going out of country and came back on a fresh H4.
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Old 10-05-2015, 07:57 PM
ralema ralema is offline
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Default thank you

Thank you, I think I just need to find a good lawyer, not using a good lawyer can hurt a lot in the process.
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Old 10-05-2015, 10:26 PM
AcuraTSX AcuraTSX is offline
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Quote:
Originally Posted by ralema View Post
Thank you, I think I just need to find a good lawyer, not using a good lawyer can hurt a lot in the process.
Take a look into USCIS rule "245(k)" . It might be helpful.
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Old 10-06-2015, 12:58 AM
testman testman is offline
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Quote:
Originally Posted by VKRaj View Post
My H1B expired on 4th March 2015. I was pregnant and forgot to remind my employer about H1b renewal and they also forgot about it. I was on maternity leave from "3rd March" and gave birth to baby on 5th April(C-Section). I am still in USA. What are the possibilities for me to renew H1B or change of status to H4 while I am here instead of going out of country. I am out of status for 45 days, I understand that I can't stay in this country for more then 180 days while I am out of status.

1. Is it possible to renew my H1B by using my pregnancy complication as excuse
2. Is it possible to file change of status to H4

I am trying to avoid going out of US to get H4 status.
If I were you, I would be running to an attorney's office rather than seek advice on a forum. Btw, you are in deep issue as you have crossed 180 days out of status. You may face a bar of 10 years if you don't take immediate action.
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Old 10-06-2015, 10:59 AM
Ramalingam Ramalingam is offline
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Ramalingam is infamous around these parts Ramalingam is infamous around these parts Ramalingam is infamous around these parts Ramalingam is infamous around these parts Ramalingam is infamous around these parts Ramalingam is infamous around these parts
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Quote:
Originally Posted by VKRaj View Post
My H1B expired on 4th March 2015. I was pregnant and forgot to remind my employer about H1b renewal and they also forgot about it. I was on maternity leave from "3rd March" and gave birth to baby on 5th April(C-Section). I am still in USA. What are the possibilities for me to renew H1B or change of status to H4 while I am here instead of going out of country. I am out of status for 45 days, I understand that I can't stay in this country for more then 180 days while I am out of status.

1. Is it possible to renew my H1B by using my pregnancy complication as excuse
2. Is it possible to file change of status to H4

I am trying to avoid going out of US to get H4 status.

You can use that as an excuse. USCIS may or may not accept it. If they do not accept then illegal stay may increase. If you want to do do by premium process. But quick resolution will be go to Indian consulate get the Visa stamped. Most cases you will get stamp
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  #8  
Old 10-06-2015, 11:01 AM
Ramalingam Ramalingam is offline
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Ramalingam is infamous around these parts Ramalingam is infamous around these parts Ramalingam is infamous around these parts Ramalingam is infamous around these parts Ramalingam is infamous around these parts Ramalingam is infamous around these parts
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Quote:
Originally Posted by Ramalingam View Post
You can use that as an excuse. USCIS may or may not accept it. If they do not accept then illegal stay may increase. If you want to do do by premium process. But quick resolution will be go to Indian consulate get the Visa stamped. Most cases you will get stamp
10 year bar will apply only if your illegal presence exceeds more than 1 year. But it is better to resolve quickly.
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