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Child birth in India - on EAD/AP (AOS filed, interview completed) - Urgent help

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  • Child birth in India - on EAD/AP (AOS filed, interview completed) - Urgent help

    Wife needs to deliver baby in India and travel plans to leave in June (I will return in July leaving them behind), confused and concerned

    i140 aproved, AOS filed and GC interview completed. Priority date May2017 - EB1 India. EAD/AP is issued for self, wife and 3 Yr old kid and valid until 2019. Currently on L1 (did not switch to EAD/AP yet) and L1A expires 10-June-2019 and is too late to file for a renewal and I will need to re-enter US on AP on 9th July 2019 when I return

    1. If we travel in June and wife stays back for babybirth - how to add baby into existing AOS (I 485) in October - assuming GC is not issued until Oct-Nov and newborn is still in India
    2. what will happen If GC is issued after baby is born and how

    all USCIS websites confirm that the baby does not visa and will be issued GC at port of entry if Mother was GC holder at the time of birth and baby is bought into US within 2 years of birth.

    Please help


  • #2
    Do you HAVE to travel to India for the baby to be born?
    It would be a lot easier for your child to be born in the US, it would be a US citizen by birth.
    This is my opinion, not legal advice!

    AOS (c9) 2 USC 485/130/131/765
    122017 - PD
    012518 - Biometrics
    033118 - EAD/AP Combo card delivered
    062618 - "Case is Ready to Be Scheduled for An Interview"
    082618 - "we scheduled an interview for your Form I-485"
    090418 - 2nd we scheduled
    091018 - first interview canceled
    092118 - Request to reschedule int
    102318 - Renewal filed EAD/AP
    030819 - EAD/AP Card in hand
    040219 - We canceled your int
    040519 - Int sched
    051419 - Interview
    053119 - approved

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