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GaneshK2015

H1B Visa Max Out and health issue(pregnancy)

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Hello,

I am currently on a H1B visa and the max out date is May-10th. My wife (on H4) is pregnant and her due date is May 7th. Due to her medical condition, doctor has recommended and given a written letter not to travel during pregnancy period. I really appreciate if someone can let me know the possible ways to stay beyond the max out date(Being optimistic, given her & baby condition, she might travel in a month after baby delivery).

 

thanks

GK

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If she has pregnancy complications and cannot travel because of that, then you can apply for a COS to B2 at the appropriate time. I assume she has medical problems due to the pregnancy and that you are not assuming that pregnancy till week 36 is not allowed and also that her Obstetrician gave this guidance and the letter. 

Best of luck with the pregnancy.

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7 hours ago, GaneshK2015 said:

Hello,

I am currently on a H1B visa and the max out date is May-10th. My wife (on H4) is pregnant and her due date is May 7th. Due to her medical condition, doctor has recommended and given a written letter not to travel during pregnancy period. I really appreciate if someone can let me know the possible ways to stay beyond the max out date(Being optimistic, given her & baby condition, she might travel in a month after baby delivery).

 

thanks

GK

You should be able to recapture any days out side the US during your 6year H1B period and request for an extension for both H1B and H4. If that is not an option, you should send her to home country now instead of waiting until May to avoid unauthorized stay and 3/10 year ban to re enter the country.

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I missed adding that you may be assuming that travel during pregnancy is not good unless the Obstetrician told her so in her specific case. Otherwise if she is able to, let her follow veni001's guidance.

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