Stay in US due to medical condition-H1B extension


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Hi ,

I'm currently in US and I have received an RFE for my H1B extension case and we need to respond latest by this week. My 240 days ends July end and we will filing for premium processing this week when we respond to RFE with my documents.I'm on my 35 th week pregnancy and due date is by August 8th. I have a doctor certificate stating unfit for travel after July 11th as i will be past 36 week pregnancy.

In case of any negative response on my H1B extension which is expected in 2 or 3 weeks, how much grace time will I have?

Will I be able to file B2 incase of H1B denial? When should we start the processing and how many days will it take. Am i eligible to stay till my B1/B2 is approved?

If my company is not ready to file B1/B2 , can i husband who has a valid H1B visa till December 2020 be able to file B2 on my behalf?

I do not have a H4 stamping, as I entered US with my H1B visa.

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On 7/8/2020 at 12:03 PM, pontevecchio said:

Is your lawyer not suggesting a change of status to H4?

Since I'm working now, if I convert to H4 , i will loose my work status right?

Also I heard that i cannot convert to H4, after H1B extension denial.

Also, is it possible to change the status from H4 to H1B in case my H1B extension is approved? Does it require a port of entry as at this time, we can have a port of entry.

Edited by gayathri.s3@cognizant.com
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