PDP Posted April 9, 2012 Report Share Posted April 9, 2012 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 Link to comment
Attorney_23 Posted April 10, 2012 Report Share Posted April 10, 2012 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. Link to comment
PDP Posted April 10, 2012 Author Report Share Posted April 10, 2012 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. Link to comment
PDP Posted April 10, 2012 Author Report Share Posted April 10, 2012 Also witig how many days one have to leave US after the visa denial? Is there any defined duration? Link to comment
Attorney_23 Posted April 10, 2012 Report Share Posted April 10, 2012 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. Link to comment
kamal_ahuja Posted March 9, 2013 Report Share Posted March 9, 2013 Hello PDP... I am in similar situatio n as yours. .. can you please share what did you do to handle situation and how it worked out for you? If possible can you please share your email Id .. I urgently need some help in this regard. Appreciate your help in advance...!!! Link to comment
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