Travel to India on APD - Pregnancy Issue

[kur02]

Situation: My AOS is pending since Oct. 2005 and visa category is currently unavailable (EB2/India) . I am 6 weeks pregnant now and want to deliver baby in my home country.

Here are my questions:

1. Since I am on AOS and using EAD to work so how much is the maximum time allowed out of country under this situation? Currently, I am planning to spend at least 4 months outside USA.

2. Do I have to get paid during this time frame in order to maintain my status (AOS is pending...)?

3. Would like to know about the procedure to bring my baby back to USA i.e. what is the procedure to apply for the passport and how long does that take? DO I have to apply for any kind of visa for the newly born baby?

I will really appreciate if you can reply and help me making necessary arrangements for this big event.

Thanks

 

[TheRealCanadian]

Since I am on AOS and using EAD to work so how much is the maximum time allowed out of country under this situation?

You can stay out until the AP expires.

Do I have to get paid during this time frame in order to maintain my status (AOS is pending...)?

You have no status. You are outside the US.

Would like to know about the procedure to bring my baby back to USA i.e. what is the procedure to apply for the passport and how long does that take? DO I have to apply for any kind of visa for the newly born baby?

That's the complicated part. Considering the benefits of US citizenship and medical care, I am at a loss as to why you would want to deliver outside the country.