naveenkmailbox Posted December 22, 2014 Report Share Posted December 22, 2014 HI, My spouse is pregnant (currently H4 status) with > 33 weeks and her max-out date is 1/27/2015. I applied for L1A and got mine approved (got I797B without I94) but her L2 was denied. The reason behind is there was an error in my travel history record in I94 CBP website. Called CBP local office and they specified that I work with USCIS as they can't correct a travel history record. Hence my company has filed an amendment for her denied visa. My questions are 1. would it be legal to stay in USA beyond max-out date 1/27/2015 if USCIS doesn't get back before this timeline? 2. Can I apply for a visitor visa while am already in USA so that we will be legal to stay and have the baby delivery? Thanks Link to comment
jairichi Posted December 22, 2014 Report Share Posted December 22, 2014 1. Yes, it is fine to stay till a decision is taken by USCIS. 2. Not required. Link to comment
ksribhas Posted December 22, 2014 Report Share Posted December 22, 2014 You are fine as long as her I-539 is filed I guess. Link to comment
BePostive1308 Posted December 25, 2014 Report Share Posted December 25, 2014 NaveenKMailbox, First of all don't be panic and be positive. Questions: 1. Are you H1 or L1 now because little confusion for me you mentioned both H4 and L2 for your wife ----------------------------------- When L1 or H1 extension is approved without I94 means(status change is not full completed) but usually USCIS sends email Consulate Name :XXXXXXXX if applicable when they approved and to get stamped in that particular consulate. After I-94 expiries you can stay less than 180 days in the US to avoid 3 years bar and you can explain the situation when go for stamping but in your case highly recommended is consulting good attorney and take their suggestion and following guidance. Please don't delay consulting the attorney. All the best. BePostive Link to comment
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