H1b under extension and my wife is pregnant

[nkt1415]

Hi,

My employer has applied my H1b extension in the month of September 2015 under normal process and it is still under process before the visa expired (the visa expired on September 30th 2015). My wife is pregnant and due in May 2016, and I have below two questions:

1. What happens if my visa extension is denied and we cannot travel due to pregnancy or the new born baby does not get passport?
2. Is it better for me to go with Premium processing at this point or I should continue with normal process?

Please kindly advise.
Thanks

[raghvi]

Hi,

My employer has applied my H1b extension in the month of September 2015 under normal process and it is still under process before the visa expired (the visa expired on September 30th 2015). My wife is pregnant and due in May 2016, and I have below two questions:

1. What happens if my visa extension is denied and we cannot travel due to pregnancy or the new born baby does not get passport?
2. Is it better for me to go with Premium processing at this point or I should continue with normal process?

Please kindly advise.
Thanks

1. You go out of status and would end up being illegal.Would not advise staying illegally in US as it can cause issues in future travel into US.
2. I would say yes, upgrade to premium.

This is my opinion not legal advice.

[nkt1415]

1. You go out of status and would end up being illegal.Would not advise staying illegally in US as it can cause issues in future travel into US.
2. I would say yes, upgrade to premium.

This is my opinion not legal advice.

Thanks Raghvi,
What would be my options if first point happens.
Please kindly let me know how the premium process might help me solve the issue, as it may also lead to delay further and run into first point.

Please kindly help.

[raghvi]

Thanks Raghvi,
What would be my options if first point happens.
Please kindly let me know how the premium process might help me solve the issue, as it may also lead to delay further and run into first point.

Please kindly help.

As I said, if H1 extension is rejected, you and spouse go out of status and as I-94 is also expired it will make you two illegal. Illegally staying in US is not advisable.

What premium processing can help you in is being able to travel out of US in say within next 1 Month or so rather than waiting till 7th/8th/9th Month when it is not advisable medically for a pregnant lady to travel. if you upgrade to premium you will get a response within 15 Days, if a RFE is raised then you should respond as soon as possible.

This is my opinion not legal advice.

[Libra_14]

Hi All, Reopening an old post to check status on this situation. One of my friend is in the same situation & need advice.