H1B visa denied and wife (H4) on 8th month Pregnancy. Is Nunc Pro Tunc possible for the H1B beneficiary. what other options are?
My situation.: My I94 expired 2 months ago (08/06/19) and Visa got denied last week (11/22/19). I'm on H1b and wife on H4. Doctor recommended not to travel due to twin pregnancy and Critical situation related to long travel (~30hours)
1) Can we apply Nunc Pro Tunc. for the Beneficiary (H1B) based on Spouse’s medical situation. ?
2) Can we apply H1B with Nunc pro Tunc. on regular and continue to be on employment until approval.?
3) If H1B is not possible, is it possible to apply B1 visa for Beneficiary on medical grounds.?
4) When will the unlawful presence starts.? Is it from the I94 expiry date or after the Denial notice is received.?
5) What will be the Visa status of Spouse, if NPT is filed for Spouse alone when the beneficiary is not on employment or visa denied?
2 attorney answers
Depending on the nature of the petition denial, there may be an appeal available but the employer would need to agree. Appeals do not provide status unless they are granted so discus other options and risks with attorney for company or encourage the employer to seek a 2nd opinion. You and your spouse may independently find out your own options and risks.
The information provided is not to be considered to create an attorney-client relationship. The information provided is general in nature, and does not represent a thorough review of a situation or case, nor does it constitute legal advice on any subject matter. Seek a private consultation with an immigration attorney of your choice to obtain legal advice.
There a couple of options and each comes with their set of risks. Talk to an attorney, understand your options and risks and then take informed decisions. Good luck!
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