Need to stay in US beyond 6 yrs on H1B for baby's life threatening treatment

[nilabrata]

I need to stay in US, but I will be completing my 6 yrs stay next year end. My baby has lot health issues which are getting treatment here and doctors recommended to stay couple of more years to get treated as the issues are life-threatening and we may not get the treatments in India. But my employer is not doing GC as corporate level, what are the options now?

[JoeF]

You will have to leave when your 6 years on H1 are up. If your employer doesn't want to sponsor a GC for you, you may want to look for another employer.

If the child is a US citizen, there may be a slight chance of getting something like humanitarian parole. You'd have to discuss that with a good immigration lawyer.

[US_H1_123]

If you want to stay for the baby's treatment, your options are

1. Your 6th year ends by the end of 2013, so you can switch to to a new employer and start your PERM before end of 5th year
   
2. while staying with the current employer, find another employer that can file PERM for you
   
3. switch to F1 - with a full time MS, or a community college. I am sure you know that you can work part time with the F1
   
4. switch to B1 - and stay for 6 months at a stretch
   
5. move to canada, and come to US on B1 whenever there is a doctor's appointment
   
6. humanitarian parole as mentioned above
   

Bottom line - you have many options, don't lose hope. Your baby will get well by god's grace.

[JoeF]

switch to F1 - with a full time MS, or a community college. I am sure you know that you can work part time with the F1

Note that this is only possible on campus. And community colleges usually don't have many employment options on campus.

switch to B1 - and stay for 6 months at a stretch

Not possible. First, a B1 is for business trips. A B2 is for non-business visitors. Also, a visitor has to be more abroad than in the US. Also, the child would have to travel with him all the time, which can be exhausting for the child.

move to canada, and come to US on B1 whenever there is a doctor's appointment

That would required to get a work visa for Canada, and a job there...

[US_H1_123]

Note that this is only possible on campus. And community colleges usually don't have many employment options on campus.

I think if the work is related to his curriculum, he can also go for CPT, if the college agrees

Not possible. First, a B1 is for business trips. A B2 is for non-business visitors. Also, a visitor has to be more abroad than in the US. Also, the child would have to travel with him all the time, which can be exhausting for the child.

That was a typo - I meant B1/B2. He can stay in US for 6 months at a stretch. Travelling for the child may be better than not being able to stay in US at all. I think its his personal decision, we can only suggest viable options.

That would required to get a work visa for Canada, and a job there...

Correct.

[pontevecchio]

Since we do not know what the medical problem is I would ask the OP firstly to get a consultation with a Lawyer and then maybe talk to Catholic charities etc. for help.

[JoeF]

I think if the work is related to his curriculum, he can also go for CPT, if the college agrees

No real, accredited university gives out CPT to somebody who just signed up.

There has been too much abuse of CPT.

That was a typo - I meant B1/B2. He can stay in US for 6 months at a stretch.

Yeah, once. Then he would have to stay outside the US for a significant amount of time, generally more than the time in the US.