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satyakb
03-19-2011, 10:53 PM
Hi Everyone,

Our Immigration status is EAD and my wife is pregnant,
We are very happy with the news..

There is lot of possibility for us to be in India during due date, based on few important events in family.
We would like to know.. if baby is born in India then what possibilities are there for us to bring baby along with us?
(if mother stays in India for couple of more months)

can baby also get Green Card when we (parents) are allotted green card?

All your advices are always appreciated.

Thanks & Regards,
Satya.

Note: Admins if required, please close this thread and redirect to any existing ones, as i could not find one I have posted a new thread.

GCmuddu_H1BVaddu
03-20-2011, 03:10 AM
I have limited knowledge on this but my own logical thinking
1) Your best bet is to have baby in US and go to India
2) Baby will not be granted any green card as there is no application present for the baby 3) You can't get the baby to US on H-4 as a dependent bcz you are on EAD
4) Either you can file for a visitor visa (through EAD) or file for H-1B for the baby ;-) (just kidding on H1B stuff)

Go for (1).


Hi Everyone,

Our Immigration status is EAD and my wife is pregnant,
We are very happy with the news..

There is lot of possibility for us to be in India during due date, based on few important events in family.
We would like to know.. if baby is born in India then what possere ibilities are there for us to bring baby along with us?
(if mother stays in India for couple of more months)

can baby also get Green Card when we (parents) are allotted green card?

All your advices are always appreciated.

Thanks & Regards,
Satya.

Note: Admins if required, please close this thread and redirect to any existing ones, as i could not find one I have posted a new thread.

vinzak
03-20-2011, 01:47 PM
Hi Everyone,

Our Immigration status is EAD and my wife is pregnant,
We are very happy with the news..

There is lot of possibility for us to be in India during due date, based on few important events in family.
We would like to know.. if baby is born in India then what possibilities are there for us to bring baby along with us?
(if mother stays in India for couple of more months)

can baby also get Green Card when we (parents) are allotted green card?

All your advices are always appreciated.

Thanks & Regards,
Satya.

Note: Admins if required, please close this thread and redirect to any existing ones, as i could not find one I have posted a new thread.

Firstly, Congratulations!!

If you have the baby in India, the baby cannot come to the US till your PD becomes current. Till then you cannot add any dependents to yr 485. Given that yr priority date is EB3 2007, that might be a long long time. It's a huge risk to take.

The other alternative is for you to switch back to H1, so you can get the baby here on h4. I'm not sure what that will do to yr 485 though.

ivgclive
03-20-2011, 06:37 PM
Hi Everyone,

Our Immigration status is EAD and my wife is pregnant,
We are very happy with the news..

There is lot of possibility for us to be in India during due date, based on few important events in family.
We would like to know.. if baby is born in India then what possibilities are there for us to bring baby along with us?
(if mother stays in India for couple of more months)

can baby also get Green Card when we (parents) are allotted green card?

All your advices are always appreciated.

Thanks & Regards,
Satya.

Note: Admins if required, please close this thread and redirect to any existing ones, as i could not find one I have posted a new thread.

Congratulations!

If you have the baby in India, you can bring only if you are in H1B as H4.

EAD - Sorry.

If you plan to stay in US, forget your family events, they are the payments you make towards your GC.

newbie2020
03-21-2011, 07:07 AM
When we had our baby, There was lot of insistence from parents to have the baby born in India. Me and my wife had a discussion and we decided it is best interest of the baby to be born in US. We didn't want him to go through the same pain of H1,H4, EAD, GC etc and opted to have him born in US. Yes i know it is little tough since you need your parents to come and stay for few months once baby is born But i would advise go for having your baby born in US than in India. We always thought this was one of best gifts we were giving to our baby when he was born.

As far as your case is concerned being on EAD will not help if baby is born in India. You will either need to change your status to H1 and get baby on H4 and subsequently EAD or be prepared to have the baby grow in India until your priority dates become current. So choice is yours.

ivgclive
03-21-2011, 07:29 AM
Only for the first time it is hard for you. Second time it becomes very easy.

There are many here right from PD 2003, have no parents, no brothers, no sisters, no relatives and no friends back home eventhough they still live there.

Our only relative/friend/brother/sister is USCIS nowadays, it decides what we need to do when we wake up everyday!

Eventually people may think of naming their kids like "USCIS", "DOS", "EAD", "AP" etc.

:D

sanju_dba
03-21-2011, 08:59 AM
Dear OP,
Congratulations!

read here MurthyDotCom : Marriage and I-485 Issues (http://www.murthy.com/news/UDmar485.html)

It might help exploring your issue.

satyakb
03-21-2011, 10:32 PM
We would like to Thank every onefor providing detailed advices - considering various aspects of life.

Will surely update the thread when we make a final decision.

ps3539
03-22-2011, 02:59 AM
Do not think about your events.

Think about baby's life. Make him/ her a US Citizen.

That's a good gift you can give.

fide_champ
03-22-2011, 09:11 AM
Hi Everyone,

Our Immigration status is EAD and my wife is pregnant,
We are very happy with the news..

There is lot of possibility for us to be in India during due date, based on few important events in family.
We would like to know.. if baby is born in India then what possibilities are there for us to bring baby along with us?
(if mother stays in India for couple of more months)

can baby also get Green Card when we (parents) are allotted green card?

All your advices are always appreciated.

Thanks & Regards,
Satya.

Note: Admins if required, please close this thread and redirect to any existing ones, as i could not find one I have posted a new thread.

It's no brainer. Have the baby in US and then leave for india. You get US citizenship for your baby free of cost and without any hassles. Your baby can get indian citizenship anytime if that's your goal.

Robert Kumar
03-22-2011, 10:03 AM
It's no brainer. Have the baby in US and then leave for india. You get US citizenship for your baby free of cost and without any hassles. Your baby can get indian citizenship anytime if that's your goal.

And u can get your GC by him sponsoring for you as parents in just 15-16 years from now.
That will be faster than this EB2 and EB3 backlogs.
You help him now, and he will help you.

ivgclive
03-22-2011, 10:10 AM
And u can get your GC by him sponsoring for you as parents in just 15-16 years from now.
That will be faster than this EB2 and EB3 backlogs.
You help him now, and he will help you.

Much better.

Added advantage. When they file green card, you don't have to be in "JOB", you can retire and go back to India. When things are ready, get your flight back.

:D

satyakb
06-30-2011, 03:11 PM
Thanks to every one for giving valid advices, finally we decided to stay in USA and then take newly born baby to India.

gc_check
06-30-2011, 04:02 PM
Good decision. Baby can get PIO/OCI and even give up the US Citizenship if needed at the later time and can get Indian Passport since both parents are of Indian Origin. But getting a US Citizenship at a later stage is not easy. There are many advantage to that based on current condition to have a US Citizenship. We do not know about the future. I would favor / recommend having baby in US and give him the US Citizenship.

vick
06-30-2011, 05:21 PM
Thanks to every one for giving valid advices, finally we decided to stay in USA and then take newly born baby to India.

Good Decision & Congratulations!!!

As others have already suggested, it makes total sense to have baby here and then go to India. Even if you are you Ok with giving up birth citizenship for baby and ready to go through all challenges to get on H1 and file h4 and then green card for your baby, you have to think about your wife whose pre-natal care is all done in the US and the doctors know everthing about her health to make sure that baby is delivered safely. Personally, I would not take a chance to change the health providers on last minute becuase you dont know what care you will get. And it is true either way. Good Luck!!

rk2011
07-01-2011, 01:21 PM
How about if a person is already having GreenCard with similar situation to have baby born in india.
Will the Baby born in india be a indian citizen / us citizen ?

snathan
07-01-2011, 02:04 PM
How about if a person is already having GreenCard with similar situation to have baby born in india.
Will the Baby born in india be a indian citizen / us citizen ?

Indian Citizen...

veni001
07-01-2011, 02:47 PM
How about if a person is already having GreenCard with similar situation to have baby born in india.
Will the Baby born in india be a indian citizen / us citizen ?

Processing Initial Entry of a Child of LPR (http://www.murthy.com/news/n_cbpgui.html)

"If a child is making his/her first entry into the United States as a lawful permanent resident (LPR), the CBP officer must complete a Form I-181, Memorandum of Creation of Record of Lawful Permanent Residence, for the child. A child is permitted into the U.S. without an immigrant visa as a new immigrant in certain, limited situations. This visa exemption arises if the child is born to an accompanying parent after issuance of an immigrant visa to the parent but before the parent's initial admission to the U.S. (Essentially, the child is born abroad after the parent/s obtain their immigrant visas in their passports, but before they come into the U.S. as immigrants.) The visa exemption also exists for children born abroad if they are under 2 years old and were born during a lawful permanent resident mother's temporary absence from the U.S. In order to qualify for this benefit, the child must be accompanied by the parent upon the first return of the parent to the U.S. following the birth of the child. The parent must be able to establish evidence of the parentage of the child and the parent's own evidence of being an LPR. The child will get a temporary I-551 stamp in the passport upon entry to the U.S. The CBP officer should also take a copy of the birth certificate to submit with the Form I-89 and Form I-181 to request the creation of the physical "green card" for the child."

NOTE: One must have GC in hand to be able to get his/her child under 2 years of age to get GC at POE.