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6 years of H1b is expiring in 15 days, wife is pregnant 7th month, doctor is denying wife to travel to india, what to do?
Anonymous6 views5 answers
I have a ticket for me and my wife to travel to india! Suddenly wife went into labor in 7th month. Doctors now denying to travel. Wife is admitted in hospital now! Cant travel in such emergency. If we apply for B2 visa will insurance take this pre existing condition? Please suggest me whatcan i do? Insurance is necessary as if baby is born prematurely , we will need incubator and all!
A change of status application should be filed immediately along with evidence of the medical necessity, maintenance of current nonimmigrant visa status, and intent to depart the U.S. when able to do so, among other factors.
Medical coverage is not an immigration law question, but could be a factor in the USCIS adjudication of the application to change status. Please talk with Human Resources at your company regarding insurance coverage, if any. In general, labor/delivery is considered a medical emergency, so if required please take your wife to the emergency room, where treatment will be provided irrespective of visa status.
Maybe there is no need to worry. You must have health insurance now and will have for the last 15 days of your status. Maybe your baby won't have to stay in the incubator for so long . 7 months, by the way, is considered better than 8, but then again I am not a doctor. An overstay by several days or even weeks should not have tragic immigration consequences especially if you have strong medical evidence of the inability to travel.
You and your wife must each file an application to change status to B-1/B-2 informing the USCIS about the need to remain in the US. You must submit medical documentation that your wife is in the hospital and a letter from her doctor that she cannot travel. You must submit proof that you are married, that you are in valid H-1B (and your wife in valid H-4) at the time of the application, along with appropriate filing fees. Note that each of you must file a separate application. It is not recommended that either you or your wife overstay, especially when you are able to extend your status for good reasons.
