I-94 Valid , L1 petition and Visa is expiring

[gokul_se]

Hi,

Currently i am holding the L1b visa and Petition which are expiring Dec 16,2011. But i am holding the Valid i-94 valid till July, 2014. My company has started filing H1b petition but not sure when i will be getting the petition.

If i wont getting my peitition before Dec, 16,2011, should i need to leave the country?

Moreover my wife is pregnant now, hence doctor advised not to travel for the next 2 months. Hence, not sure what i have to do.

Hence, is there any way that i can get some extension from the USCIS for 2 months by showing the medical certificate of my wife.

Please, help me to advice on this.

[livliv]

You are permitted to stay in the US as long as your I-94. Visa expiry does not matter.

I assume your wife's I-94 also expires in 2014.

[gokul_se]

Thank you so much for your Respose. Yes my wife i-94 also getting expired by 2014.

But my company is saying that i need to leave the country as soon as my visa is expiring. With the current wife condition (pregnant for 2 months), i can not travel. Hence they need a medical certificate.

In such a case, i dont know what to do. is there any way that i can file some form with USCIS to ensure that i cannot travel for another 2 months. Please advice.

[livliv]

If expiring Visa is the only reason your company is asking you to leave, they are wrong. Ask them to speak to a good lawyer.

They can of course send you back for other reasons and are not obligated to keep you here. They have no responsibility towards the dependents anyway.

[gokul_se]

Thank you so much for your guidance. I spoke to the company and they have told that though I-94 is valid, petition is expiring. This is because at the time of port of entry they might have entered wrongly. This could impact the company reputation, if you stay back and more over once you get the new petition and while you are appearing for the visa interview , there is a chance of rejection because immigration office would say that i stayed in US though visa expired with out of status.

Hence, this is keeping me worry like anything because, my wife cannot travel and company requesting to leave once visa expires. So not sure what should i do. Any medical form can i submit or any advice from your end.

[pontevecchio]

How pregnant is she? In terms of months?

[livliv]

Consult a good experienced lawyer on your own and have them talk to the company. Ask your HR to talk to their own lawyer.

[gokul_se]

Hi pontevecchio ,

she is 2 months pregnant.