Originally Posted by
oltan
I am facing a peculiar problem.
My I94 expired on Mar 31 and my 7th year ext was filed prior to that. There has been an RFE and the employer has till July 5 to respond to it. Incase the ext is denied I need to leave the country in a week. My wife just delivered a baby and we are still waiting for his SSN and birth certificate before we can apply for his passport and Indian visa. If the H1 denial comes before that how should we take the baby to India without a passport/visa? Does anyone know a work around?
If the intent is to take the baby to India, that's not a problem. I assume both, you and your wife, have Indian passports. Until recently, infants could travel on mother's passport. I don't know if that has changed. As far as claiming Indian U.S. citizenship for your child is concerned, if you have a birth certificate in hand before you leave, you could still claim U.S. citizenship for the child. You will have plenty of tim,e to do that. If you had provided a name for the baby, when the baby was born, you would have got the birth certificate quicker than if you leave the hospital without a name for the baby. We did not have a name for my son when we left the hospital with him. We had his birth certificate, his SSN, his passport and were in India in less than six weeks, despite Thanksgiving, Christmas and New Year falling in that period.
A suggestion of change of status was given. Be careful about relying on change of status. Change of status is not guaranteed.