My wife is 9 month pregnant with child due in another 4 weeks.
1. I am an Indian national on L1, with case pending with USCIS. I believe that the company has filed L1 extension upto 24th September.
2. I have a approved H1 with attached I94 with effective date as Oct 01.
3. Doctor has advised against overseas air travel.
Earlier attorney has advised that this will not be an issue and there is grace period as long as L1 case is pending, but
today he said that these cases can be interpreted in one than one way.
Will I and my wife be out of status for a week? If so, what are our options?
1. Can I and wife drive to Canada (for these days) and get H1 stamping done there?
Or
2. Can I (alone) fly out of USA for a few days and using that my company file for L1 extension for those days? I can return after getting H1 stamped.
Or
3. Are there any other means that will help my wife maintain legal status without having to pursue airtravel.
Please help.
1. I am an Indian national on L1, with case pending with USCIS. I believe that the company has filed L1 extension upto 24th September.
2. I have a approved H1 with attached I94 with effective date as Oct 01.
3. Doctor has advised against overseas air travel.
Earlier attorney has advised that this will not be an issue and there is grace period as long as L1 case is pending, but
today he said that these cases can be interpreted in one than one way.
Will I and my wife be out of status for a week? If so, what are our options?
1. Can I and wife drive to Canada (for these days) and get H1 stamping done there?
Or
2. Can I (alone) fly out of USA for a few days and using that my company file for L1 extension for those days? I can return after getting H1 stamped.
Or
3. Are there any other means that will help my wife maintain legal status without having to pursue airtravel.
Please help.
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