H4 spouse pregnant and I-94 expiry


naveenkmailbox

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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

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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

 

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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

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