Travel document for child born in India

[amitmaha]

Dear Attorneys,

I had a child born in India in january this year.

I am in USA and have EAD and AP and my recent I-94 shows AOS status.

My wife is in India and also has EAD and AP valid till april next year.

Can you please let me know what would it involve to prepare a travel document for my child, who is in India born in january this year?

I also have an H1-B petition approval valid till april'15, but do not have an H1 stamp in the passport. I travelled to India in january, and used AP for coming back.

My company attorney says, I cannot apply 485 for the child or request AP for the child because the child is in India and not been to US. They say I need to wait till I receive Green Card and use family category (my priority date is may 2008, no where near) or try some alternative approach like visa and then apply for 485 once the child is here. Is this correct?

Thank you very much for your response,

Amit

[JoeF]

You could only get the child to the US if you are on H1, and then the child can get an H4.

Otherwise, once you get the GC, you can use follow-to-join for the child (no need for a family-based category, get a better lawyer.)

[amitmaha]

Hi JoeF, thank you for the response.

It may involve several years for me to obtain a Green Card.

Do you mean, is H4 the only option for the child?

Do I need to change the status to H1? If so, in India or US?

Thank you once again,

Amit

[chakrakr]

Hi JoeF, thank you for the response.

It may involve several years for me to obtain a Green Card.

Do you mean, is H4 the only option for the child?

Do I need to change the status to H1? If so, in India or US?

Thank you once again,

Amit

If you are working for the same employer who holds your H1, you might still be considered as H1 even though you entered on AP. This is my understanding based on what I read in Attorney blogs and memos.

Will that allow your child to get a H4? Probably yes. If not, the options are --

1) Apply for an H1 extension . Once approved, you are definitely in H1 status

2) Travel out of US, get a H1 stamped and enter on H1

I strongly suggest you consult another attorney about the options.

what is defnitely true is -- your child cannot apply for 485 (and so EAD/AP) till teh PD is current AND he is in US. You will need to maintain your H1 status till he can apply 485.

[pontevecchio]

One cannot change status abroad. Ask your Supervisor to facilitate your Reentry into H1 status by talking to the Company Lawyer. You can also leave and come back with a H1 visa while applying for a H4 for the baby at the same time.