My L1B visa/I194 expires on Aug-10th, filing for extension. 5 years max timeout period will be completed by Jan-2016.. We are expecting baby in Sep 1st week and she is not in a position to travel.
1.If extension denied at end of Aug-2015, my wife will not be able to travel immediately. Any option to handle the situation without taking any risk for our legal status. I heard that I can apply for COS for my wife from L2 to B2, Is it possible to file for B2 from USA and when we need to file?
2. How many days can I stay with no further issues in reentering US, if my extension rejected
3.Any challenges in obtaining passport/indian visa for newly born baby if my extension denied.
4.Considering the extension period (filing only for around 6 months) Whether USCIS can take decision quickly
Given your situation and the questions you pose, you would be best served to meet with an immigration attorney for a consultation to discuss your options in detail. Best wishes to you and your wife.
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1. Difficult. COS to B-2 will only be approved if your wife's treating physician will issue a letter regarding, say, a difficult third semester pregnancy and advising not to fly during that pregnancy, with a risk to the fetus; etc.
2. Assuming you have a valid L-1B visa "stamp" on your passport upon your return, you should be readmitted up to the duration of that visa on your passport.
3. These are questions to pose to Indian consulate employees - not to US immigration lawyers who know nothing about Indian nationality law.
4. USCIS takes 5-6 months to process any application for change of status (COS). Wife will be able to legally remain in the US while the application for COS is pending. Should that COS be ultimately denied, however, wife will be deemed to have accrued "unlawful presence" from the day her I-94 on L-2 expired. Six months worth of such "UP" and wife will be triggering the 3 year inadmissibility bar upon departure from the US. Consequently, that COS must be timely filed, considering USCIS' up to 6 months processing time.
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There are numerous options, some discussed by one of our esteemed attorneys. However it is important to understand the consequences if one petition is denied, options of having another petition pending or other options. After this discussion you would make an informed decision with the help of your consel. I wish you the best
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
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