H1b amendment cum extension and H4 extension filed at California in February, got rfe and replied on July 10. Service request raised November end. I94 expired and 240 days will be done by this month end. Company wants H1b to move back to India and says will release if not willing. h4 has high risk pregnancy and cannot travel. Doctor advised and gave certificate. My questions :
Is there any way H1b can stay back in America for another 3 months till the delivery.
Can H4 stay back till delivery and vaccinations are done, say 5 months.
If extension is denied can we apply for B1/B2 or will there be any problems for that
You are legally allowed to stay in US after 240 days but CANNOT work while your H1B extension is pending.
Now, it depends on you and your employer if they will allow you to stay in US without working on any project!
H4 can stay in US after 240 days
Your dependent can stay with you after 240 days too.
H1B extension denial leads to out of status immediately
If extension is denied after your i94 has expired, no visa application can work. You will have to leave US and then enter again with whatever visa you want.
I DON’T recommend applying for B1/B2 visa just for staying in USA as it stands high chance of rejection for your case.