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Looking for options for H4 with medical condition if H1-B extension is denied

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  • Looking for options for H4 with medical condition if H1-B extension is denied

    Hello Experts,

    I am currently in US working full time for my employer B (Off course for a client), I am looking for the options if my H1 B extension is denied. Below are the key dates

    My H1 Visa Expiry: Oct 18th 2018
    I-94 Expiry: Oct 13th 2017 (This current I-94 expiry is given when I transfer my H1 from Employer A to B). I had I-94 till Oct 18th 2018 with my employer A

    My Wife's H4 visa expiry Oct 18th 2018
    My Wife I-94: Oct 18th 2018 (My employer B did not filed for my wife's as it is not required when I am transferring my H1 from employer A to B)

    My wife have a medical condition and she is pregnant now and her due date would be in Dec end 2017. She cannot travel if our H1 extension is denied. So I would like to know the best options for us/her to stay in US until her delivery date. Please let me know the options.

    a) I am planning to ask my employer to apply for extension in Sep 2017 so that we can stay in US till Dec 2017 on receipt number (Assuming it will take 3 months to know the status). What will happen if it is denied after December i.e. after delivery? Will the new born get the correct legal status?

    b) What happens if the denial notice comes before delivery i.e. before Dec 2017? I mean any option available?

    c) If denied, I am ready to change her status from H4 to F1 by getting in to some admission in university. Will this be a good idea? (She can manage to stay here in US with my other family members)

    d) Any other options available?

    e) By the way I have valid B1/B2 visa in case I have option to stay back for few days/months after denial with change of status? Is it possible?

    f) Is it better if we go and apply extension now so that we will get time to figure out if it is denied? But as premium processing is not available we may not hear until Oct-Nov 2017 i.e. after my I-94 expiry.