Go Back  FlyerTalk Forums > Destinations > Asia > India
Reload this Page >

H1 expiring, newborn has no passport/visa, how to travel to India??

H1 expiring, newborn has no passport/visa, how to travel to India??

Old Jul 28, 09, 4:07 am
  #1  
Suspended
Original Poster
 
Join Date: Jul 2009
Posts: 1
H1 expiring, newborn has no passport/visa, how to travel to India??

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?
oltan is offline  
Old Jul 28, 09, 4:10 am
  #2  
 
Join Date: Jul 2009
Posts: 3
You could file a COS to B2, which would keep you legal.
djboom is offline  
Old Jul 28, 09, 8:29 am
  #3  
Suspended
 
Join Date: Jan 2002
Posts: 22,791
Originally Posted by oltan View Post
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.

Last edited by Yaatri; Jul 28, 09 at 8:34 am
Yaatri is offline  
Old Jul 28, 09, 8:56 am
  #4  
A FlyerTalk Posting Legend
 
Join Date: Oct 2002
Location: back to my roots in Scotland!
Programs: Tamsin - what else is there to say?
Posts: 47,845
I think you have a bigger problem than the one you are discussing on here....

Why aren't you being honest with us? Does the fiancee you are about to marry in the thread below know that you have a wife and child at home?

http://www.flyertalk.com/forum/trave...-marriage.html
Jenbel is offline  
Old Jul 28, 09, 11:41 am
  #5  
Community Director
 
Join Date: Oct 2000
Location: Anywhere warm
Posts: 29,625
It gets even more complicated, as in this thread, the poster claims to be a woman

http://www.flyertalk.com/forum/canad...l#post12133593

.......they all said my H4 should be valid till 2011 (based on my husband's H1)....

Given the significant inconsistencies of the OP's stories - man, woman, married, not, it's not worth the time of helpful FTers to assist. With that, I'll close this thread.

SanDiego1K
Senior Moderator
SanDiego1K is offline  

Thread Tools
Search this Thread