L1B Visa Extension Denial and stay in US


PDP

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My Husbands L1B extention is denied on USCIS site. His I94 was valid only until 8th April 2012. I am 39 weeks pregnant and cannot travel to India.

1. Within how many days we should travel back to India since our Visa got denied?

2. My I-94 is valid till 2014. Will I also be considered Out of Status as my hubbies L1 extention is denied?

3. Is there any legal option that can allow us to stay here due to my medical condition? If Yes, please let me know what is it?

Thanks

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PDP,

Congratulations on your pregnancy! Unfortunately, your husband likely fell out of status and began to accrue unlawful presence on April 9 (assuming the denial was issued before yesterday.) Assuming you are here on L-2 status, you likely are out of status as well, but may not be accumulating unlawful presence because you have a facially valid I-94 card.

That being said, you may be able to request a change of status to B-1/B-2 based upon extraordinary circumstances. While your application is pending, you both would still be out of status. You may wish to consult with an experienced attorney to review your complete immigration history and determine how best to proceed.

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Thanks for the response. Just few more query...

Is there any way we can file MTR? And can our stay be considered legal in case of if we file MTR?

Within how many days of Visa denial one can apply for MTR? And can my husband continue working once we file MTR.

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You may be able to file an MTR. However, while the motion is pending, you would generally still be considered out of status. If you are serious about filing such a motion, please consult with an experienced attorney in the immediate future.

There is no grace period for leaving the U.S. once a denial has been issued and the individual falls out of status.

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  • 10 months later...

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