H1B denied, wife 8th month pregnant. Can I apply COS to B2 after I94 expiry and Visa denial

H1B denied on 11/21 and I94 expired on 06/28. Wife (on H4B) is pregnant on the 8th month with Twins. Doctor recommended not to travel.

  • Can Change of status to B2 visa be done after I94 expiry on the medical grounds. ?
  • Will the change of status need to be separately filed for both H1B and H4. ?
  • Is it recommended to do COS on premium or regular. ?
  • Should the H1B guy go out of country to get the stamping for B2 ??
  • Should there be a job for the H1B person ?

Yes, you have a medical situation. You can apply under the provision of Special Situation as listed here : Immigration Relief in Emergencies or Unforeseen Circumstances | USCIS

You should file for B2 for both of you under the medical grounds by providing supporting documentation that you cannot travel due to the pregnancy. No need to get stamping, you will have to apply for Change of Status to B2. USCIS takes consideration on a case by case basis. I would suggest you talk to your attorney as well immediately and then send this application soon… Do update your status as well here.