nick7252 Posted July 15, 2015 Report Posted July 15, 2015 Hi, I'm in the U.S., Phoenix AZ, on a L1B Visa through my company since March 2012. My visa/I94 extension was filed in February 2015 and in March 2015 I received an RFE for the same. Later in June my company responded to the RFE. Yesterday I received a notification from the USCIS website that my petition has been denied. I am aware that in this situation, I should be leaving the country ASAP. However, I've landed myself in a very difficult situation. My wife is 37 weeks pregnant and when we checked with her OB-GYN, she has denied permission to travel. The doctor has categorically mentioned that she cannot allow my wife to travel in this condition and can issue a letter to that effect. Unfortunately, none of the airlines will allow her to travel either. She is due for delivery by 7th August 2015. I’m not sure what should I do in this situation. When I was searching for more information on the internet, I stumbled upon this website for the U.S. Customs and Border protection - https://help.cbp.gov/app/answers/detail/a_id/962/~/extension-of-stay-denied. As per the information on this website, it states that I have to depart the country within 30 days. But in most of the forums I’ve read that we need to leave within a week of receiving the denial notice. Require guidance in this regard. Assuming that I am allowed to stay for additional 30 days, I’m legally not allowed to work. I currently have my insurance through my employer. I’m not sure if my insurance will remain active beyond my last legal working day in the U.S. Without that, I’m sure that I would not be able to manage the delivery and birthing expenses. Can I request my employer to allow me to continue my insurance policy until I leave the country? Assuming that my employer allows me to continue my insurance policy and that my wife delivers a baby in the next 2-3 weeks, how much time would it take me to get a Passport and Indian Visa for the baby? From what I’ve read so far, there is an expedited process for getting the passport within 3-4 days. Is there is a way to get the Indian Visa in an expedited manner as well? Lastly, I would be out of status during this extended stay in the U.S. after the denial of my visa/I94 extension. However, I do not have another choice at this point in time. What would be the impact of this on any future Visa petitions?Any guidance in this matter would be highly appreciated.
rahul412 Posted July 15, 2015 Report Posted July 15, 2015 I’m not sure what should I do in this situation. 1. Buy some time-file COS to B2. It takes 2-3 for processing your application, so you get some time to stay in US 2. Start looking for new jobs,if possible 3. Contact an attorney for more options.
jairichi Posted July 15, 2015 Report Posted July 15, 2015 Situation like this talk to an immigration attorney right away. Passport for your baby can be obtained quickly by applying at national passport agency. You need to produce birth certificate for that from your county. BCs are issued by county offices immediately after submission of the application form. US citizens are eligible for electronic visa to India. Check in Indian consulate website.
nick7252 Posted July 18, 2015 Author Report Posted July 18, 2015 1. Buy some time-file COS to B2. It takes 2-3 for processing your application, so you get some time to stay in US 2. Start looking for new jobs,if possible 3. Contact an attorney for more options. Thank you for your response. My employer has opted for the COS to B2 on medical grounds. They have also allowed me to continue my insurance.
nick7252 Posted July 18, 2015 Author Report Posted July 18, 2015 Situation like this talk to an immigration attorney right away. Passport for your baby can be obtained quickly by applying at national passport agency. You need to produce birth certificate for that from your county. BCs are issued by county offices immediately after submission of the application form. US citizens are eligible for electronic visa to India. Check in Indian consulate website. Thank you for the response. I've been doing my research about getting the baby's Passport and Visa in an expedited manner. One of the responses I received mentioned that for the Visa the baby will also need an SSN. Is that true? That usually take 2-3 weeks to get.
rahul412 Posted July 20, 2015 Report Posted July 20, 2015 Thank you for your response. My employer has opted for the COS to B2 on medical grounds. They have also allowed me to continue my insurance. That's real good that your employer is continuing your insurance.
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