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  • PIO/Visa for US Born Baby

    Hello,

    I am on H1B. H1B got expired in Sept 2013 but got valid I 94 till Sept 2016. However, my employer did not file for my wife's H4 extension and her H4 extension is pending. I am planning to go to India on January 06, 2014.

    I applied for my daughter's PIO but Consulate rejected the app saying it requires both parent valid visa.
    Will they issue at least Tourist Visa for my daughter while my wife's H4 is not filed. I am planning to get it stamped in India itself along with mine.

    Please respond.

    Thanks...

  • #2
    Unfortunately, since they are not too much aware of all the complexities of US immigration, it is hard to say what they will do or what they will allow. I have seen random requirements/rejections coming out of nowhere.

    My best advice would be to try to contact them if they will give any proper answer (and hopefully, they will stick with that answer later). Otherwise, just try applying and see what happens.
    Immihelp Support
    No legal advice. Use at your own risk.

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    • #3
      Entry Visa to India for US born baby

      Hi JK1980,

      Please tell me how you resolved your issue. I am in same situation. I have valid I-94 (L1 Visa expired) but my wife's I-94 and visa got expired and my employer filed extension for her 2 months before the I-94 expiry.

      Can I apply for entry visa whiling waiting for her extension result to come out?

      Thanks for your help!

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      • #4
        PIO for minor with expired F-1 visa for parents

        Hi,
        My F1 visa is expired and I am on OPT but my EAD card is valid. My kid is born in US and I want to apply PIO card for her. I want to now whether is it possible to get PIO under this situation?

        Thanks

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        • #5
          Originally posted by amitsingh199 View Post
          Hi,
          My F1 visa is expired and I am on OPT but my EAD card is valid. My kid is born in US and I want to apply PIO card for her. I want to now whether is it possible to get PIO under this situation?

          Thanks
          Item 15 from Documents Required page:

          Visa Status:
          If you are a non-US citizen, then you must provide a copy of one of the following: your Permanent Resident Card (both sides), Employment authorization card which states 'serves as I-512' or copy of page showing H1 / H4, L1 / L2, F1 / F2, J1 / J2 etc. Non-US passport holder parents who are applying for their kids must also provide US visa status. Transfer Notices and Receipt Notices are not accepted.

          Best thing is to write to the Embassy and CKGS to find out what's accepted.

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