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H1B / H4 expiring,PERM pending(filed when <365 days left on H1) and wife pregnant. What are the options to stay in USA beyond H1
Anonymous6 views3 answers
Hi,
I am on H1B and my wife is on H4. Our H visa is due to expire on 09-Oct-2015(including recapture) and my wife is pregnant, due in September end. Given her situation, cannot travel back home on expiry of H visa.
1. Can we apply for a COS to B2?
2. What is the current processing time for COS to B2? What are approval odds?
3. What are the documents needed for COS to B2?
4. Will this COS have an adverse affect on pending PERM?
5. Any other option?
Please advice.
Thanks for the help
You should strategize this with company's attorney. If you don't find help there, retain an attorney to consider options. I don't recommend filing COS on your own at this juncture.
Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed ·
You could apply for a change of status to B-2, but will likely face difficulty due to the pending employment-based case. You can find instructions for filing a change of status at www.uscis.gov. You should be discussing the matter with your employer's immigration attorney. This attorney has access to your entire file in order to provide the most accurate advice.
