H1B stay extension query after termination

[Shanthi08]

Hello team, I have been terminated by my employer after requesting FMLA leave for my medical condition. I am currently collaborating with my employment attorney on an EEOC charge and an FMLA complaint, which I plan to file soon.

I have been in the U.S. on an H1B visa (with an approved I-140) for over 10 years. Due to my medical condition, I am unable to work, seek new employment, or travel back to my home country for the next 2-3 months.

1. Is there a way to extend my stay based on my current employment complaint (EEOC charge)?

2. What are my options for converting my H1B to a B2 visa? Is there a risk of rejection given that I have an approved I-140, which indicates I am trying to extend my stay for reasons beyond just visiting?

Edited October 1 by Shanthi08

[Attorney_22]

3 hours ago, Shanthi08 said:

Hello team, I have been terminated by my employer after requesting FMLA leave for my medical condition. I am currently collaborating with my employment attorney on an EEOC charge and an FMLA complaint, which I plan to file soon.

I have been in the U.S. on an H1B visa (with an approved I-140) for over 10 years. Due to my medical condition, I am unable to work, seek new employment, or travel back to my home country for the next 2-3 months.

1. Is there a way to extend my stay based on my current employment complaint (EEOC charge)?

2. What are my options for converting my H1B to a B2 visa? Is there a risk of rejection given that I have an approved I-140, which indicates I am trying to extend my stay for reasons beyond just visiting?

While the compelling circumstance EAD is not always my favorite option, for your circumstance, that might be exactly what you need. It would be best to speak directly to a U.S. immigration attorney so they can discuss this option in detail with you to ensure you know the limitations and requirements. If you do not already have a U.S. immigration attorney, there are attorneys at the Murthy Law Firm that are well-versed regarding the compelling circumstances EAD. 

[Shanthi08]

Thanks for the quick response! 

Can you please let me know your opinion about query 2 ??

"Query 2:  What are my options for converting my H1B to a B2 visa? Is there a risk of rejection given that I have an approved I-140, which indicates I am trying to extend my stay for reasons beyond just visiting?"