L1 Visa Expiry, I-94 Valid and wife is Pregnant- Urge for help

venkat12

By venkat12,
in L-1 : General

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venkat12 Newbie

venkat12

Posted
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Respected Attorney,

I am on L1 Visa & my wife is on L2. My L1B expiring in next month, but I got I-94 valid till 2015 (same for me & my wife as well).

My company is not applying extension and instructing me to retun back to India next month 3rd week. I asked my Manager to release several months ago, due to project work load he asked me to stay back. He also promised that he will try for extension. Now he is saying it may not be possible.

Problem is, My wife is Pregnant and in Mid of 7th Month (late pregnancy 36+ years) and having Nausea & Diabetic (due to pregnancy). we are afraid to take a risk her travel back during this stage of pregnancy.

Request for the clarification on the below :

* Can we say that we cannot travel at this stage of pregnancy

* Per my company, one can stay with I-94 and cannot work. Not sure my Manager will help me to utilise the option. He may ask to resign if I am not willing to travel. In that case, if I resign; will it be legal for me to stay with I-94 validity.

* Some one said Doctor will not allow to travel after 7th month and it is purely Patiency decision on the risk. Is it right, if so can I ask Dr. and stay back if they dont recommend to travel (With or without resignation)

* If Doctor dont see risk and recommend to travel; eventhen we are not ready to travel because of fear. Will that create any problem for me or my wife.

* Do I need to approach Lawyer if my company is not willing to continue with my request and ask to resign

Your help is high requested as we are in tension as she is not feeling well. Please help me.

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pontevecchio Advanced Member

pontevecchio

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You will not like some of my comments. That is irrelevant. You need a Lawyer now to advise you about changing status to B2 for both of you soon. You could also override your Manager here and write to the CEO of your company asking for an extension of your blanket stay here at least till the pregnancy is sorted and a few months go by after that. Why did you not send her to India several months back? Ask her Obstetrician whether travel is to be avoided at all costs in view of 1. 36 weeks gestation, 2. Gestational Diabetes.

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venkat12 Newbie

venkat12

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Thank You. I will do the same and take next level Management help. I was waiting for my management to apply extension and that made me wait with her and now they are saying things are not progressing. But the question is, I have valid I-94 and Blanket petition valid indefinitely. I learnt that person can stay with the above category and my company says person can stay, but cannot work. This is causing me to travel back. Request for your comments, Is the above statement.

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pontevecchio Advanced Member

pontevecchio

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As long as the non frivolous application for COS to B2 for both is applied before you get before the third week of next month you are allowed to stay till they decide and the decision may take a few months. GET A LAWYER. You will be fine. Get proper letters from the Obstetrician to make your case stronger. Again, Please use a Lawyer.

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nineballs Advanced Member

nineballs

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* Per my company, one can stay with I-94 and cannot work. Not sure my Manager will help me to utilise the option. He may ask to resign if I am not willing to travel. In that case, if I resign; will it be legal for me to stay with I-94 validity.

This is not true. On L1 with valid I94 on blanket petition, you can stay and keep working. also, in my personal opinion, First thing to do here is to decide if you want to go back or stay here for the pregnancy.

In case you decide to leave, leave immediately (after seeking your doctor's advise). don't waste anymore time.

In case you decide to stay, Keep asking for the extension and let your manager know that you can legally work even without extension. If that doesn't work out, then as per his statement, just stay for the pregnancy and return back after few days of delivery.

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venkat12 Newbie

venkat12

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Tanks a lot Sir for all your help. Doctor provided letter that my wife cannot travel and my Management recommending visa team to apply B2 Visa. But, Visa team asking more letter from Doctor with detail medical reason. I dont think Doctor entertain me to give every time one letter.

Request is to you is, if Doctor not provide the letter and Visa team want the letter then what I need to do. I am really crying at this stage of life as my wife is not really feeling good and want to get rid of these issues, so that I can really take care of her. If I resign company, what happens to my Baby if I go on no status. Will US Govt allow us to apply "Passport" for my Baby to carry back to India. Kindly request for advice.

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t75 Advanced Member

t75

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Ask the doctor for a letter; provide him with a detailed list of what is needed. He does not want to risk your wife's or baby's lives. Gestational diabetes is a very serious condition and your wife's age makes her a high risk mother as well. Just ask!!!.

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chakrakr Advanced Member

chakrakr

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First, you do not seem to need an extension since you have a valid I-94 but looks like your employer does not have project

Second, you do not need to go through your company visa team to change to B2. That will only make things complicated. Apply yourself -- include doctor's letter , proof of funds (bank statement ) and a letter explaning the reason .

Third, make sure you continue your health insurance through COBRA. Your company is legally required to offer COBRA protection to you (you will need to pay the full premium + 2% though)

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