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Raj1128

Staying in US after H1B duration of 6 years over

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My H1B visa will expire on Apr 20, 2018 and i am expecting a baby on March 1st, 2018. I have 1.5 months to get passport & Indian visa for my newborn. Just in case, if i don't get documentation done in 1.5 months, what are my options. Can i make an exception and stay back until the documents are completed. Please help.

Edited by Raj1128

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You are talking about Apr 2019 right? 

If yes I would suggest you to start COS to Visitor visa before expiration of your I94. 

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Yeah I was talking about 2019, sorry. Is it possible to start to change the status from H1B to visitor while staying in US. and do we have any grace period after expiration of I94? I read somewhere that if you stay 180 days or more after I94 expiration then only you will be barred from re-entering for next 3 years otherwise for less than 180 days there should not be a problem if you do not work. Is that right?

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2 hours ago, Raj1128 said:

Yeah I was talking about 2019, sorry. Is it possible to start to change the status from H1B to visitor while staying in US. and do we have any grace period after expiration of I94? I read somewhere that if you stay 180 days or more after I94 expiration then only you will be barred from re-entering for next 3 years otherwise for less than 180 days there should not be a problem if you do not work. Is that right?

Yes you can apply for COS while in USA. There is no grace period after your I94 expire. 

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Are you covered by Insurance during the pregnancy and after delivery until you leave? If your H1 stint is ending, have you even considered having the delivery back home?

If you must , get some guidance from a lawyer and file the COS well in time and leave before the decision.

Edited by pontevecchio

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