H1B 6 years expiring in June mid, Daughter born in US doesn't have US passport

Dharm

New Member
I came to US on H1B & my wife on H4 during the year 2014. My 6 years of stay completes by June mid 2020. My daughter was born in January this year, I applied for her passport in March 15th. There has been no updates to the application. Couple of times I called the US passport service, they told me their passport centers are closed & not sure when they would re-open because of the COVID-19.

I am not sure what to do here. I cannot legally stay post June mid as I complete 6 years in US & no way of extension. But cannot leave by 4 months daughter here is US as well. Could you please guide me what should be next course of action.

Also my PERM has been filed by my new employer on April 1st 2020. There has been no traction on that case.
 

newacct

Well-Known Member
Both of you can apply for Change of Status to B2 status if you want to stay longer.

Normally, it's possible to apply for expedited service for the passport, or make an appointment at a Passport Agency to apply in person if you need it very soon. I don't know how things are now during the pandemic.

But what country are you guys going to? I presume that it is the country of your nationality, and your daughter has that nationality too, and she would use that country's passport to enter, and she doesn't need a US passport.
 

Dharm

New Member
Both of you can apply for Change of Status to B2 status if you want to stay longer.

Normally, it's possible to apply for expedited service for the passport, or make an appointment at a Passport Agency to apply in person if you need it very soon. I don't know how things are now during the pandemic.

[ Dharm] All US passport services are stopped due to COVID-19. They told me I cannot do anything until the centers open again.

But what country are you guys going to? I presume that it is the country of your nationality, and your daughter has that nationality too, and she would use that country's passport to enter, and she doesn't need a US passport.
[ Dharm] We are Indian citizens & India does not have dual citizenship. Currently i just have her birth certificate.
 

Dharm

New Member
Dear All,
My PERM was filed on April 2020 & I waiting for the approval. My H1B VISA is going to max out on June 15th, so my employer asked to leave USA at the earliest. We have a US daughter 3 months old & we have applied for the passport & haven’t received it yet.
So I cannot leave my daughter here alone. So I was thinking of option of B2. My company says change of status is not good as it might max out my H1B. Because the approval date might come with the current date instead of date of apply.
So I am considering to apply change of status for my spouse who is on H4 to stay with the baby & they would travel back once my daughter gets passport & travel opens.
My question:
If H4 change of status is applied & might consider overstay if the approval does not come with the date of apply, will it have any impact on my H1B validity? I want to keep 1 week of validity to get extension once my i140 is approved.
Please help me clarify.
 

wagecuck3

Member
Change of status to B-2 is a fine option. It's true that this will max out your H-1B period of stay. However, even if you use up all 6 years, it doesn't stop you from getting an AC21 extension later once your I-140 is approved. There is no need to keep "1 week of validity".

You should keep in mind, however, that there's no guarantee that your B-2 status will last long enough for you to get an I-140 approval (what happens if the PERM goes into audit)? So you should still be prepared for the possibility that you may need to travel back to your home country for a few months.

Also, if your spouse does stay behind on H-4 status while you leave for a short period of time, then your H-1B clock continues to run. So there's no point to this manoeuvre. Just apply for B-2 for both of you.
 
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