Adoption in India

[alli]

Hi,

My 6 years of H1b expires in August 2013. My company is filing for my GC and has already filed PERM last week, hence it is likely that I will be living in India for a year or so. I expect to be back and working in the US by Dec 2014 with approved PERM and I140.

While I’m in India, assuming I can adopt a baby and get passport and other necessary documents for the adopted baby, can I apply for H1b dependent visa (H4) for the baby when we come back in Dec 2014?

Since technically I will not be in status at that time and it will be a new H1B application next year, I presume the 2-year child custody requirement doesn’t apply here.

Appreciate any helpful information in this regard.

Thanks.

[omshiv]

Talk to an Attorney for this.