H1B maxout -Legal stay options

[feb2009]

Hi,

 

I am on my H1 which is getting maxed out on July 16th 2013.I am waiting for my PERM approval which was applied  on Jan 29th 2013.My employer will be filing  I140  followed by H1 ext (both under premium processing).  I have a new born and unable to travel to India before July 16th 2013. Can anyone let me know of any options (travelling to Canada or Mexico etc)for me and my dependants to stay in US legally until I get my H1 ext approved.

 

Any input is greatly appreciated

 

 

Thanks

[JoeF]

You can not stay on H1 unless you qualify for the 7th+ year extension.

The only option would be to change to another status, e.g., B2 status.

And Canada and Mexico are different countries with their own immigration and visitor rules.

[ge145]

Understanding with newborn, and long journey to India

I hope your situation gets resolved soon.

My advice would be to travel to Canada , if its feasible. But here are the questions for you

1. do you have the newborn passport to travel international ?

2. do u have the visas stamped in all passports  ?

 

If you think you have enough time to get all this done, be safe 

 

Also, please consult an attorney to know your best options.

[t75]

If your infant's pediatrician gives his approval, your excuse is invalid. It is likely the child can travel since he/she will be more than 1 month old.

[feb2009]

Thanks for your response. Incase of B2 option,should I apply for B2(tourist visa) while in US. Or should I travel to Mexico or Canada for availing the B2 visa.

[feb2009]

Understanding with newborn, and long journey to India

I hope your situation gets resolved soon.

My advice would be to travel to Canada , if its feasible. But here are the questions for you

1. do you have the newborn passport to travel international ?

2. do u have the visas stamped in all passports  ?

 

If you think you have enough time to get all this done, be safe 

 

Also, please consult an attorney to know your best options.

 

Thank you so much for your input..

For #1, I am planning to get the passport in a couple of days time.

For #2, the Canadian visas are presumed to take more than 30 days of processing. Should we try Mexican Visa instead? Also, is the idea of travelling to Canada  to help with  the Visa stamping after the petition approval or to  reduce US days and so being able to stay for few more weeks to receive the approval?

[feb2009]

If your infant's pediatrician gives his approval, your excuse is invalid. It is likely the child can travel since he/she will be more than 1 month old.

So, is there any provision to get a week or 2 excuse if the paediatrician does not approve the travel for the baby who is a US citizen.

[omshiv]

Thanks for your response. Incase of B2 option,should I apply for B2(tourist visa) while in US. Or should I travel to Mexico or Canada for availing the B2 visa.

 

You can do a Change of Status from H1 to B2 visa.

 

Also better planning could have avoided all this trouble.

[ge145]

The only reason I suggested Canada is based on my experience of travelling there and  being at ease even in a new country yet very similar to US with a young toddler.

Now I have visited mexico once for stamping, and since my knowledge of spanish is very limited , I had a hard time there. Again just my experience, not a generalization.

 

Just bear in mind, newborns come with regular Dr visits. Do keep that in mind.

 

As  suggestions on this forum is to change status to B2, at this stage I would advice to consult ur options with a lawyer.

 

 

 

Thank you so much for your input..

For #1, I am planning to get the passport in a couple of days time.

For #2, the Canadian visas are presumed to take more than 30 days of processing. Should we try Mexican Visa instead? Also, is the idea of travelling to Canada  to help with  the Visa stamping after the petition approval or to  reduce US days and so being able to stay for few more weeks to receive the approval?

[JoeF]

So, is there any provision to get a week or 2 excuse if the paediatrician does not approve the travel for the baby who is a US citizen.

No. Having a US citizen child is NOT giving you any immigration benefits.