Stay in USA on medical condition after H1B extension denial

[chebrolu07]

Hi Team,

I have completed in USA 2 years on H1B and H1B visa expired in Sep 2016. My I-94 also expired in Sep 2016. So, My employer applied the extension in normal process and extension got RFE on 16-Feb-2017. It took 3 weeks to get the notice from USCIS to my employer and I submitted the RFE documents. I am reaching close to 240 days.

We blessed with baby boy on 13th Mar 2017 and baby has some medical issues so he is still in hospital. It may take another 2 weeks to get the birth certificate of the baby.

1. If my H1B RFE gets rejected then before baby gets passport or India visa, then what will be next steps. Is there any way to stay in USA since baby can't fly.
2. If baby gets passport and Indian visa, since the baby is 1 or 2 months by that time so he can't travel. So in that case, Is there any possibility to stay in USA on baby medical issues.

Please suggest.

[sun12345]

Hi @chebrolu07 Hope your son is doing well now. I am also in similar situation as my son is undergoing treatment in US and wanted to check with on how you addressed this situation. It would be great if you can share your experience and available options to the parents to extend their stay on medical issues of the baby