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Travel out of country and re-entry during/after 485 filing Travel out of country and re-entry after 485 filing. Various options of travelling and issues that need to be taken care of while filing and after filing 485.

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  #1  
Old 05-07-2009, 01:54 PM
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Question Visiting India on AP when pregnant (In third trimester)

I have read that some airlines agree for travel uptill 36 weeks of pregnancy for their travellers and enquired to confirm that. I am planning to visit India in July 2009 (I'll be 21weeks) and come back in September 2009 which would be around 30 weeks, I'll be on bench and would like to spend some time with family.

My question, would that pose any kind of problems at the port of entry from immigration perspective. I'm on EAD and will be using my AP for travel. My husband is planning to stay back in US, I would be alone while travelling....

Please advise if anyone travelled around that time in their pregnacy to India. Moreover our priority date is Oct 2004 EB2 and Notice Date is Oct 15th 2007, we are expecting some kind of movement this year. Would any RFE's or approval be an issue while I am visiting?
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  #2  
Old 05-07-2009, 02:00 PM
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Default Check with your Doctor

More than the airlines, I would suggest checking with your doctor if such a long journey is advisable esp in the last trimester. I doubt the doctor will agree to it. You might also need a medial certificate to travel.
Also airlines at their discretion can prevent you from boarding if they think you may have medical issues on the flight.

Why don't you ask your parents to come over instead ?
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  #3  
Old 05-07-2009, 02:05 PM
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Default 3 Checks

Check with:
1. Doctor
2. Insurance company (our insurance company doesn't cover treatment if you go in to labor 100 miles away from home during the 3rd trimester)
3. Airlines.

Good Luck.

Quote:
Originally Posted by dwhuser View Post
I have read that some airlines agree for travel uptill 36 weeks of pregnancy for their travellers and enquired to confirm that. I am planning to visit India in July 2009 (I'll be 21weeks) and come back in September 2009 which would be around 30 weeks, I'll be on bench and would like to spend some time with family.

My question, would that pose any kind of problems at the port of entry from immigration perspective. I'm on EAD and will be using my AP for travel. My husband is planning to stay back in US, I would be alone while travelling....

Please advise if anyone travelled around that time in their pregnacy to India. Moreover our priority date is Oct 2004 EB2 and Notice Date is Oct 15th 2007, we are expecting some kind of movement this year. Would any RFE's or approval be an issue while I am visiting?
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  #4  
Old 05-07-2009, 02:23 PM
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Quote:
Originally Posted by dwhuser View Post
I have read that some airlines agree for travel uptill 36 weeks of pregnancy for their travellers and enquired to confirm that. I am planning to visit India in July 2009 (I'll be 21weeks) and come back in September 2009 which would be around 30 weeks, I'll be on bench and would like to spend some time with family.

My question, would that pose any kind of problems at the port of entry from immigration perspective. I'm on EAD and will be using my AP for travel. My husband is planning to stay back in US, I would be alone while travelling....

Please advise if anyone travelled around that time in their pregnacy to India. Moreover our priority date is Oct 2004 EB2 and Notice Date is Oct 15th 2007, we are expecting some kind of movement this year. Would any RFE's or approval be an issue while I am visiting?
We did that last summer on AP. There was absolutly no issues. We got a letter from our OB/GYN stating that he has done a exam and it is safe to do air travel upto certain date. But his suggestion was don't show this letter to airlines unless they ask for it. Or else they may start thinking there is something wrong. We took singapore airlines and actually after the flight took off my wife told the flight attedent that she is pregnant and asked if she could use the 3 seats in a row that was empty. They agreed to that she was allowed to even lie down and rest from SFO to singapore.

At POE they have nothing to differenciate whether you are pregnant or not should not make any differnce permitting you in.
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  #5  
Old 05-07-2009, 02:28 PM
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Default

I have checked with my OB/GYN and he said it's absolutely fine and coming to the insurance part, If I go into preterm labor in India, we could afford those medical expenses so even if insurance doesn't cover that should be Okay.
The reason for visitng is both my husband and I lost jobs, I want to take a break and visit India while he still continues his search, if something turns up before june that is even better. I'll checked with Indian airlines whom I am intending to use for travel and they seem to allow uptill 36 weeks...
My main concern is issues at port of entry....
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  #6  
Old 05-07-2009, 02:47 PM
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Hi
Just curious why do you want to have the delivery in India? If the baby is born outside USA he/she wouldnt get the USA citizenship isnt it?
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  #7  
Old 05-07-2009, 02:58 PM
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Quote:
Originally Posted by sanjay02 View Post
Hi
Just curious why do you want to have the delivery in India? If the baby is born outside USA he/she wouldnt get the USA citizenship isnt it?
It's a personal choice. Lot of people prefer to have citizenship from their home land, so that they can have a vote in politics.
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  #8  
Old 05-07-2009, 03:00 PM
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Quote:
Originally Posted by sanjay02 View Post
Hi
Just curious why do you want to have the delivery in India? If the baby is born outside USA he/she wouldnt get the USA citizenship isnt it?
It's not the choice but we would not mind if it happens.....
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  #9  
Old 05-07-2009, 06:36 PM
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Default Curious: If child born in India, what visa will he/she enter in USA

I am just curious, and don't see it's been addressed here. She is on EAD (so the 485 is pending, and PD is not current). If the child is born in India, and if the PD is not current I assume you can't apply 485 for the child. In that case what visa would the child enter in USA?
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Old 05-07-2009, 06:44 PM
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If the child is born in india, when both(husband and wife) are in EAD, and no valid H1. Then the child cannot come to USA using H4. The child can come using visitor visa (B2) for short periods...

Similary if you are in GC, then the following rule applies --- "A permanent resident of the US may bring a child born abroad to the US and have the child automatically receive permanent residency; provided that the minor child is brought to the US the first time either parent re-enters the US. This latter point is incredibly important." (Did a google for this)

If you are in H1, then H4 is always there....

Pls. Correct me if am wrong!!!
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  #11  
Old 05-08-2009, 12:09 AM
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Quote:
Originally Posted by gc_rip View Post
I am just curious, and don't see it's been addressed here. She is on EAD (so the 485 is pending, and PD is not current). If the child is born in India, and if the PD is not current I assume you can't apply 485 for the child. In that case what visa would the child enter in USA?
Thats an interesting point gc_rip..........also I read a coast to coast flight gives you radiation equal to 70,000 chest xrays......ofcourse if doc say no issues then its fine.........but even if there is a 0.001% chance the baby might get affected by all this radiation.....why do it........enough of gyan..........i hope mom and dad take the right decision for their baby
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  #12  
Old 05-08-2009, 05:28 PM
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Default Here are some points

Quote:
Originally Posted by dwhuser View Post
I have read that some airlines agree for travel uptill 36 weeks of pregnancy for their travellers and enquired to confirm that. I am planning to visit India in July 2009 (I'll be 21weeks) and come back in September 2009 which would be around 30 weeks, I'll be on bench and would like to spend some time with family.

My question, would that pose any kind of problems at the port of entry from immigration perspective. I'm on EAD and will be using my AP for travel. My husband is planning to stay back in US, I would be alone while travelling....

Please advise if anyone travelled around that time in their pregnacy to India. Moreover our priority date is Oct 2004 EB2 and Notice Date is Oct 15th 2007, we are expecting some kind of movement this year. Would any RFE's or approval be an issue while I am visiting?
If you are on H1 then your child can enter the US on H4 however if you are not on H1 and do not have a valid H1 visa then
1. Your child has to wait until your 485 dates become current
2. If you had H1 validity but chose to move to EAD then you might have an option of moving back on to H1 and then file for H4 for you child ( basically go to the consulate with the documentation and get a H4 stamp in the passport)

Unless you have great deal of issues given the situation here it might not be advisable to do what you intend to do. The choice is yours though

- cheers
kris
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  #13  
Old 05-08-2009, 05:39 PM
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Quote:
Originally Posted by la_guy View Post
If the child is born in india, when both(husband and wife) are in EAD, and no valid H1. Then the child cannot come to USA using H4. The child can come using visitor visa (B2) for short periods...

Similary if you are in GC, then the following rule applies --- "A permanent resident of the US may bring a child born abroad to the US and have the child automatically receive permanent residency; provided that the minor child is brought to the US the first time either parent re-enters the US. This latter point is incredibly important." (Did a google for this)

If you are in H1, then H4 is always there....

Pls. Correct me if am wrong!!!
This is an interesting point - we were trying to do some research on this issue last year when we were expecting our baby.........my goal was to see if our baby could be an Indian Citizen despite being born in US and yet have legal status (GC) instantaneously.......did not get any convincing reply and hence resorted to the route of getting an US Passport made for the baby.......
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  #14  
Old 05-08-2009, 06:15 PM
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Let me be first one here to speak on behalf of that unborn child!

First, even in best of the cases, travel so late in term is not preferred!
Secondly, primary reason behind these trips generally is to get support from parents, luckily(just from support POV) your husband is at home, he can help around, you are living in best country to have kid in, At worst, get a temperory insurance if you don't have one currently..

Another point to see is, lets say baby is born in India, Since you've applied for GC here, and chances are you will get in next couple of yrs. so if you've made your mind to settle here, won't it be in the best interests of your child to be natural born native??

And most importantly, since both of you are on EAD (or on h1 without recent paystubs which is even worse) you are inviting world of headache should you end up delivering in India..

So all in all.. once again.. if you want to go.. go sooner and come back sooner.. to minimize your chances of delivery in India..
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  #15  
Old 05-08-2009, 06:17 PM
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I traveled in 2007 when i was in my 20st week of pregnancy and came back in my 28th week.
It was all fine nothing to worry at all. 30th week should be fine. What i knew those days is after 33rd week they don't want you to travel. Basically don't push your travel till 36th week even though some airlines allow you to do so try to come back by 30th week.
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