can we apply for a b2 for our new born

[vendy9999]

i and my wife are on ead here...we just had a child born in india ..my wife is in india with the child.
since our dates are not current - eb2 - march 2009....we cant add our kid to our i485 application and bring him in here.
thinknig of bring the kid on b2 here until the date becomes current again..will it pose any issue in future.. we understand it only 6 monts stay on b2...but will there be any other issue
 

[JoeF]

It is unlikely that they would issue a B2 with the parents being immigrants.

Why didn't you have the birth in the US? Then there wouldn't have been any issue.

In any case, it is important to check on these visa issues before birth...

[pontevecchio]

Cannot you revert to H1 status and bring the child in H4 status?

[Belle]

You can try to get a B2 for the child, but please understand that it pretty likely to be denied. You are pleading for the mercy of the consular officer AND the immigration officer at the border. On top of it, you most likely won't be able to file AOS for your child while he is on B2. It will have to be consular processing AFTER your green card is approved and while the dates are still current.