H1-B Visa Extension Pending with USCIS and Wife Pregnant


My H1-B Application is pending with USCIS and my i-94 got expired in March 30 2019.Recently i got a RFE and we are thinking of Submitting it as soon as possible.Currently my wife is Pregnant and is on H4 Visa and she is in to her 7th Month.

Say for some reason if my Visa Gets Denied before her pregnancy what options do i have to take care of my Wife’s pregnancy here.

here are some questions that i have

  1. Can we request for change in Status from H1-B to B1/B2 till her pregnancy is complete and ready for travel.
  2. Will baby’s birth considered as legal as i am out of status.
  3. Can we request USCIS to stay for some more days based on her Medical Condition on Humanitarian grounds.

I hope my extension gets approved.However, would like to know my options beforehand.


You cannot stay in US with the reason that your wife was pregnant even in case of your H1B denial.

You can apply for B1/B2 visa but changes of denial are very high as your H1B intent was for working in USA. I usually recommend against applying B1?B2 after h1B denial.

If baby is born in USA, he will get US citizenship irrespective of your status.

If you stay in USA after H1B denial for even 1 day, you will have to explain the reason for overstay in all future applications.

Thanks Anil for the Reply.