H1 employer closing shop, spouse 8 months expecting.

**FlyingIsland** · 02-06-2008, 10:07 PM

My H1 employer may be filing bankruptcy sometime soon due to which I would lose job and H1 status. God forbid if I don't find another job in time, are there any protections that allow us to stay back in the US until spouse has delivered. Most airlines too restrict boarding ladies beyond 36 weeks due.
Any inputs will be much appreciated.

**novice2007** · 02-07-2008, 10:31 AM

Hi,

The wise thing to do would be to find an employer, which puts you at a comfortable position to stay legally.

finding ways to stay in the US using the pregnancy of your wife would be only short term and would act against you incase you plan to apply for GC.

Be safe.

**FlyingIsland** · 02-07-2008, 01:07 PM

Thanks, I am already searching for a new employer, however am wanting to learn if there is any legal protection in this scenario. Are there any exceptions to the 14 day leave the country rule on medical grounds?

**waitin_toolong** · 02-07-2008, 02:01 PM

actually just becuase a bankruptcy is being filed does not mean that the business is closing (Delta, united and several big airlines and companies file for bankruptcy protection against the lenders and continue operating till they find their feet again) so what matters in the end is if your jb is gonna stay on or not.

In my opinion you have the perfect case for filing for COs to B1/2 for both of you with medical documents supporting the fact that your wife will not be able to travel for some time.

It is not using pregnacy as an excuse but as a bonafide reason. As for GC the fact that you did the best to stay here legally and adjusted the status accordingly is all that matters. So get the paperwork ready for COS and file electronically fpor COS the day you find out that your job ends.

It will be in your own best interest to find another employer willing to trnasfer H1.

**novice2007** · 02-07-2008, 03:07 PM

Hi,

That is a good proposal to solve the painful situation. I did not know about the B1/B2. Useful tip, indeed.

**FlyingIsland** · 02-07-2008, 04:59 PM

Thanks "Waitin_TooLong" for your valuable tip. Luckily My wife and me both hold valid 10 year B1/B2 visas. One last question, pardon me if this sounds rather naive. What web-site can I file for COS (Change of Status) from ?
Best Regards.

**waitin_toolong** · 02-07-2008, 06:22 PM

the stamp is not important right now if you are filing for COS. stamp is needed only for entry in the country.

I-539 the form for extension will be filed from www.uscis.gov