Parents B2 Visa Extension while my H1B Visa Extension is still in process

[Bhavin15 0]

Dear Expert Members,

My parents are currently in USA on B2 Visa with I-94 expiry date on Feb 22, 2017. They have come for the reason of my wife's 2nd delivery. Now the delivery is done and new born is 3.5 months old. My wife is still feeling so much weakness and it will be very difficult for her to take care of my 4 yrs old son and 3.5 months old daughter. So I want to extend my parents stay temporarily for 3 to 5 months. Below are the things we need to take into account :

1) I am on H1B visa and my 6 yrs. max out is in Sep 2017. My Labor/Perm is approved and my employer is in the process of filling I-140. My current I-94 is expiring on 12/31/2016 and my H1B extension is filed and I have the receipt number. Can I apply for my parent's B2 visa extension when my H1B visa extension is in process and not approved ?

2) If we file B2 extension and its result do not come by my parents I-94 expiry i.e. 02/22/2017 then I am aware that my parents can stay until the decision comes but what if decision comes in rejection then will they have to depart on the same day of rejection ? Practically, departing on the same day is not possible and I have read that if they do not depart on the same day then they will be considered Out of Status which will affect their future entries in USA.

Thanks,

Bhavin

[aaron2020 11,651]

Your parents do not a valid reason for an extension. Staying to take care of your wife and children is ILLEGAL WORK. It doesn't matter that it's normal in your culture. Under the laws for visitor visas in the US, your parents would be violating the terms of their visitor visas by staying to take care of your family.

Visitor visas are for people to visit the US and spend money to help the US economy. Visitor visas are not for people to come to the US to do work that a normal US person would be paid for. Babysitting, house work, etc. would be illegal work on a visitor visa. Your parents would illegally work and take a child care job away from a US person and that hurts the US economy, so it's not allowed. You need to hire a US person to take care of your wife and children.

1. No. Your parents apply on their own. You are not a part of their visitor visas.

2. If the extensions are denied, your parents are automatically out of status. USCIS will give them a 30 day grace period to depart the US. Their visitor visas will automatically be cancelled. With illegal work to care for your wife and children, your parents are extremely unlikely to get visitor visas again.

Illegal work to help with baby while on a visitor visa.

https://www.google.com/webhp?sourceid=chrome-instant&ion=1&espv=2&ie=UTF-8#q=visitor%20visa%20pregnancy%20help%20daughter

Consequences of a denied extension.

https://www.google.com/webhp?sourceid=chrome-instant&ion=1&espv=2&ie=UTF-8#q=consequences+of+denied+visitor+visa+extension

Edited December 17, 2016 by aaron2020

[Mollie09 1,543]

Your parents do not a valid reason for an extension. Staying to take care of your wife and children is ILLEGAL WORK. It doesn't matter that it's normal in your culture. Under the laws for visitor visas in the US, your parents would be violating the terms of their visitor visas by staying to take care of your family.

Visitor visas are for people to visit the US and spend money to help the US economy. Visitor visas are not for people to come to the US to do work that a normal US person would be paid for. Babysitting, house work, etc. would be illegal work on a visitor visa. Your parents would illegally work and take a child care job away from a US person and that hurts the US economy, so it's not allowed. You need to hire a US person to take care of your wife and children.

1. No. Your parents apply on their own. You are not a part of their visitor visas.

2. If the extensions are denied, your parents are automatically out of status. USCIS will give them a 30 day grace period to depart the US. Their visitor visas will automatically be cancelled. With illegal work to care for your wife and children, your parents are extremely unlikely to get visitor visas again.

Illegal work to help with baby while on a visitor visa.

https://www.google.com/webhp?sourceid=chrome-instant&ion=1&espv=2&ie=UTF-8#q=visitor%20visa%20pregnancy%20help%20daughter

Consequences of a denied extension.

https://www.google.com/webhp?sourceid=chrome-instant&ion=1&espv=2&ie=UTF-8#q=consequences+of+denied+visitor+visa+extension

To add to this, the 30-day grace period is not always the case, we've seen people who were asked to leave immediately come to the forum and ask what that meant.

[KierenHby 897]

Dear Expert Members,

My parents are currently in USA on B2 Visa with I-94 expiry date on Feb 22, 2017. They have come for the reason of my wife's 2nd delivery. Now the delivery is done and new born is 3.5 months old. My wife is still feeling so much weakness and it will be very difficult for her to take care of my 4 yrs old son and 3.5 months old daughter. So I want to extend my parents stay temporarily for 3 to 5 months. Below are the things we need to take into account :

1) I am on H1B visa and my 6 yrs. max out is in Sep 2017. My Labor/Perm is approved and my employer is in the process of filling I-140. My current I-94 is expiring on 12/31/2016 and my H1B extension is filed and I have the receipt number. Can I apply for my parent's B2 visa extension when my H1B visa extension is in process and not approved ? Your status has nothing to do with their visa. They are individual applicants.

2) If we file B2 extension and its result do not come by my parents I-94 expiry i.e. 02/22/2017 then I am aware that my parents can stay until the decision comes but what if decision comes in rejection then will they have to depart on the same day of rejection ? The denial notification would list how quickly they must leave the US. Practically, departing on the same day is not possible and I have read that if they do not depart on the same day then they will be considered Out of Status which will affect their future entries in USA. Varies; they may not be allowed to board the next flight, or sent back from POE, or given a short entry, say 2 weeks. Will be up to the CBP.

This has become typical for parents\inlaws from India assuming OP's parents are visiting from India. Come to the US to help out with childbirth\care, and seek an extension. Visiting for 8-10 months is basically an abuse of the terms under which a visitor is admitted. Hire a nanny maybe?

All OP can do is apply for an extension. Posting on different forums like immihlp likely to elicit similar advice.

[Mollie09 1,543]

8-10 months in a year and they're considered residents for tax purposes. It's not tourism.

[Unlockable 7,306]

1. You can file for extension but they would have to have a good reason. Childcare is illegal on a tourist visa.

2. You are correct, if denied extension they must leave immediately. Otherwise they will be illegals and likely incur a ban.

Tough situation but it is best for you to be prepared.

[Boiler 43,381]

With such a long 'visit' does it matter if they lose their visa? Not likely to be let in again anytime soon.

[NancyNguyen 1,657]

Fact is that even if B2 extension is approved, their chance to get another tourist visa in future is extremely slim .

[JenniferNangel 137]

You can hire a nanny.

Your parents helping with childcare is considered work as everyone else stated which is illegal on a visitor visa. Having kids is tough I have 2 weeks old princess but my husband works all day and my mother also i manage just fine even on no sleep. By now a 3 month old sleeps through the night it shouldn't be that difficult for her to need your parents to stay and continue to baby sit your children

[KierenHby 897]

You can hire a nanny.

Your parents helping with childcare is considered work as everyone else stated which is illegal on a visitor visa. Having kids is tough I have 2 weeks old princess but my husband works all day and my mother also i manage just fine even on no sleep. By now a 3 month old sleeps through the night it shouldn't be that difficult for her to need your parents to stay and continue to baby sit your children

Hmm why pay a nanny if parents are free..

[Merrytooth 5,748]

Hmm why pay a nanny if parents are free..

The wife can also bring the kids home to be with the parents as well.

Come back to US when things get better.

[Boiler 43,381]

Hmm why pay a nanny if parents are free..

Exactly, also many people have access to relatives etc that could be employed for little more than the cost of flights and accommodation.

We live in an era of multinational, multicultural, sharing economies and US Immigration rules need to catch up.

[KierenHby 897]

The wife can also bring the kids home to be with the parents as well.

Come back to US when things get better.

Valid advice for the OP.. doubt he's inclined to the above line of thought though.

[Bhavin15 0]

Thanks all for your advice. I think the best suitable option is to hire a nanny.

[JenniferNangel 137]

Hmm why pay a nanny if parents are free..

Parents can't work on tourist visa which is why I suggested a nanny