AP, EAD is enough to get a visa for new born child?

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sklm_2002

Registered Users (C)
I have AP, EAD and currently working on H1-B. Due to project requirement I have to work in India for 3 months. Now my wife is pregnant and she is planning give birth in India. Is AP, EAD is enough to get a dependent visa for the new born child?

I also have unstamped H1-B which is valid up to October 2003. Is it a good idea to get it stamped in India and bring the child on H4?

Please share your experience(if you have any, please don\'t say consult your lawyer). I am just asking your experience, and I am also consulting my lawyer about this.

Thanks for your time.
 
Get H1 stamp in your passport and do H4

that is the only way to bring the child into US. It takes the same amount of time to get the H1 and H4. Plan your trip accordingly.
 
Ever Thought of Having The Baby in The US

I understand the emotional needs of your wife to be close to here family, but a baby born in the US is automaticaly a citizen. I do not believe that you could underestimate the value of that for your child (and potentially their children).
 
Yes. I am in this contry for 4 1/2 years. I know kids born in US

automatically become citizens of US. But in my case, the project where I am working is supposed to be done in India and I am one of unlucky guys assigned to that project and more over I just applied for I-485 in Feb 2002(still less than 180 days). That\'s the reason I am going to India. If I don\'t go, they will terminate I-140 immediately and it already happened to one of my ex-colleague. So I can\'t take that chance.
 
If you are coming back to USA

(since its a desi company I couldn\'t use \'when\' to open the sentence), you can bring back your kid with only on H-4, I don\'t see any other option (my opinion). And that too based on your H-1 and not EAD/AP. As you might be aware of the fact that once you file for I485, you don\'t have a status in US (you relinquish yr visa status and hence EAD/AP) and hence may not be eligible to file for a dependent visa. Also try and procrastinate you FP (after which you would have no control over the GC process [not that any of us have anyway]) till yr kid is not on US soil so that you could include her name on yr 485 application. This way atleast she will get GC with you. If you get GC before that, then you are gonna have to sponsor her for her GC and that could take forever being in family category. And till such time I am not sure if she could even be with you in USA. I strongly suggest to consult a very good attorney as one wrong move and you will be in a hole. Good luck to you.
 
Thanks for your concenrn. I applied in TSC, so it taking forever

to get a FP notice. However I will be back in less than 3 months and using the renewed H1-B1 (I have valid but unstamped H1-B1 for myself and my wife till October 2003, company will be doing the stamping, and I am going to use it and I am NOT going to use AP/EAD this time). I think you misunderstood the i-485 process. Once you filed for I-485, you can keep your H1-B1 status, until I-485 approved, or H1-B1 expired or Until you use EAD for work. The day you any of the mentioned things happened your H1-B1 status is gone. Currently I am working on H1-B1 and I am planning to continue until I get my green card or until my kid is in US.

I am hoping that every thing will be over in October 2002 and I am strongly believing that TSC doesn\'t send any FP notices to my wife and me.

I am hoping for the best and preparing for the worst as always done in my life.

Thanks for all your responses.
 
sklm_2002, you are right about

I-485 process that as long as one has valid H-1 and haven\'t used EAD/AP while I-485 is underway, H-1 status is maintained. I skipped this step in my previous posting.
You applied for ur I-485 only in Feb 02, so you should be getting FP notice one of these days.
Can you travel on H-1 even after I-485 has been approved i.e. I-485 gets approved here and subsequently you travel from Ind to usa on H-1? or you plan to travel on I-485 approval notice.
 
No problem. I am planning to use H1-B1 until I-485 approved,

I am not going to use AP/EAD until my child comes to US. Once the child is US, I am planning to use EAD.

Regarding the FP notice, lot of people who applied in March 2001 haven\'t got their notices yet. So I am not expecting any FP notices in less than 3 months.
 
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