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H1B 6 Years completing and Wife is expecting one and half month before

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  • H1B 6 Years completing and Wife is expecting one and half month before

    Hello, i am in US on H1B visa, which is going to expire on Sep-27-2016. My employer has started the green card processing, however my PERM is not yet filed and Lawyer said it may take upto 2-3 months to file the PERM. So, by any case, i will not be able to get the PERM and I140 approval before the Sep-27-2016. I am ok with that and planning to leave the US on Sep-27-2016. However, my wife is expecting and her due date is Aug-6-2016. We checked with our doctor and informed her that we may have to travel back to India on Sep-27-2016 and she confirmed that its ok to travel with 1 and half month old baby. I need advise that, is that sufficient period to get the Visa/Passport for the new born baby ? and what all options i have in case the process to get the baby's passport and visa is delayed?

    I googled out few options, and based on that have following questions

    1) I am going to complete my 6 years on sep-27-2016. However, i was out of US for 2 weeks so i checked with my employer to recapture the period and apply for extension. As there is fees involved and period is just for 2 weeks, my employer said not to go thru that route. So the only option i am left with to leave the US and legally i can't work after Sep-27-2016.
    2) I checked my and My Wife's I94 its valid until Oct-06-2016, can i stay in US till that that, will there be any legal problem if i stay on i94 while my petition is expired on Sep-27-2016?
    3) is there any way i can apply for a B2 status? will there be any problem getting it approved?

    4) I did some math and figured out that if i expedite the things i can get my Baby's passport in a 45 days and get the e-tourist visa for her/him. what if i am not able to get the baby's visa/passport on time?