Visa getting expired and My wife is pregnant

[kamal_ahuja]

My L1B visa expired Feb 19, 2013 at Vermont. Got RFE March 6, 2013... We are expecting baby May 25, 2013...

1. How much minmum time we can expect from now onwards considering we will reply for RFE as late as possible?

2. WHat mitigation plan we can think of in case denial comes earlier??.. I need time till July 7, 2013 to get everything settled..

3. If I convince my employer to file B1/B2 for me in case of worst case scenario,, how much time it will take to get approved/ denied? While application for B1/B2 is pending will our presence be legal/ illegal?

4. Do I run risk of facing legal issues if I overstay by 3 weeks or so due to medical conditions?

5. Is there any other plan we can think of to handle situation?

[t75]

You are just delaying to get USC baby. Your wife can safely travel home at this time. Since your time has expired you certainly do not need another 4 months to conclude your business. Why would your employer file for a tourist visa for you and your wife?

If you intend to stay, be sure you can pay the bills.

Any illegal presence can affect your future visas to the US.

[chakrakr]

OP , apply for a B2 yourself . Your company cannot and will not apply for it. You can apply citing pregnancy (include doctor's reports) and provide your financial details. Do not forget to continue your insurance using COBRA.

BTW, you said your Visa has expired. Has the I-94 also expired ? If I-94 has not expired you can stay and work legally till I-94 is valid. 3 week overstay does not have a major consequence but nevertheless is a black mark on your record. Apply for a B2 before your current status expires.

[Attorney_23]

If a petition to extend L1B status is timely filed, the foreign national generally falls into a period of authorized stay once the I-94 expires. During this time, s/he is technically out of status, but is permitted to remain in the U.S. while the case is being adjudicated (including time spent while the RFE is being reviewed.) If the petition is approved, the person returns to L-1 status. If it is denied, the person falls out of status and begins to accrue unlawful presence from the day after the denial onward.

Generally speaking, if an application to change to B status if filed while the person is in a period of authorized stay, USCIS will not approve the case. Further, filing such a case will not protect the person while it is pending.

That being said, so long the L-1 worker is complying with the terms and conditions of his status, he may remain in the U.S. while the petition is pending (even if wife's reason for staying is because she wants the child born in the U.S.)