H1B & H4 Extension of stay

[KrishnaBoddu]

Hi Team,

I am in a very hard place right now. Wanted some expert input.

H1B I797 Expired on : 31st July 2019

H1B Extension Applied : 23rd July 2019

240days Completion : 28th March 2020

 

Subject : I have got an RFE for my case and Unable to travel back as my wife is almost 32 weeks now and due to complication doctor suggested not to travel.

Issue:

Recently H1B Extension of stay Visa was updated from regular to premium and i have received an rfe, my organisation is expected to respond to the case only after 1 or 2 months. 

1. My wife is pregnant now and due to complications doctor suggested not to travel, if this is kind of extreme condition he said could give a document to travel on our risk.

2. If we get some decision on Visa extension before march 28th with denial as we would not be able to travel back would this be considered as illegal stay and if it is illegal stay is there anyway we can deal with it ? like medical reasons/something

3. Insurance for my wife and my new born, does every organization provide with the COBRA insurance, or do we have to take any private insurance?

4. As time is very critical here, can we talk with USCIS to get some kind of approval from them?

Also one last thing i am worried is even if we decided to travel. some travel restrictions have been applied in the US & India airports on corona virus checks. is it safe?

Can you please advise.

 

Thanks in advance....!!

 

 

[shekar11#]

23 hours ago, KrishnaBoddu said:

Hi Team,

I am in a very hard place right now. Wanted some expert input.

H1B I797 Expired on : 31st July 2019

H1B Extension Applied : 23rd July 2019

240days Completion : 28th March 2020

 

Subject : I have got an RFE for my case and Unable to travel back as my wife is almost 32 weeks now and due to complication doctor suggested not to travel.

Issue:

Recently H1B Extension of stay Visa was updated from regular to premium and i have received an rfe, my organisation is expected to respond to the case only after 1 or 2 months. 

1. My wife is pregnant now and due to complications doctor suggested not to travel, if this is kind of extreme condition he said could give a document to travel on our risk.

2. If we get some decision on Visa extension before march 28th with denial as we would not be able to travel back would this be considered as illegal stay and if it is illegal stay is there anyway we can deal with it ? like medical reasons/something

3. Insurance for my wife and my new born, does every organization provide with the COBRA insurance, or do we have to take any private insurance?

4. As time is very critical here, can we talk with USCIS to get some kind of approval from them?

Also one last thing i am worried is even if we decided to travel. some travel restrictions have been applied in the US & India airports on corona virus checks. is it safe?

Can you please advise.

 

Thanks in advance....!!

 

 

2. You have a valid reason to show. You can wait until the doctor says it is safe to travel in case your case gets denied.

3. Yes every company will COBRA insurance.

4. I don't think so.

Travel outside the country is up to you to decide if it is safe or not.

[User099]

You can check with an attorney to see if you can convert to B1/B2 visa and extend your stay if your H1 gets denied on medical grounds. 

Regarding COBRA, its better to talk to your employer. You will qualify for insurance via Healthcare.gov as a life changing event. 

Travel restriction as of now are only from and to China and not to other countries.  If you have to travel, may be take a direct flight. 

[adshah84]

Your company can file MTR and you can stay in the country but can not file. You can pay for the insurance by yourself and use it.