complex situation...need help

[sumantagayen]

I am currently in US and my US work visa (and I-94) is expiring by May end this year and we are expecting a new born baby by April end this year. I am not sure if I can get Birth Certificate, US Passport and PIO for my baby within one month timeframe before I have to leave US. Can you please suggest what would be the best option in this case?
Is there anyway I can request US immigration department to extend my I-94 by one more month considering this situation.

I don't know what to do if I don't get my child's visa before my visa expires.
Please help!

[knowledgeable]

US citizen baby ...

... gets you a lot of automatic protection. Since your kid will be an United States citizen, even if your I94 expires, they won't throw you out of the country.

However, you should be able to get the birth certificate and the US passport easily. Indian visa takes just one day. You don't need a PIO card to take your baby to India. You can get a visitor visa for now.

I would strongly suggest you consult an immigration attorney and see if there is another way out for you which will be in your benefit.

Good luck.

[tamtom]

I am currently in US and my US work visa (and I-94) is expiring by May end this year and we are expecting a new born baby by April end this year. I am not sure if I can get Birth Certificate, US Passport and PIO for my baby within one month timeframe before I have to leave US. Can you please suggest what would be the best option in this case?
Is there anyway I can request US immigration department to extend my I-94 by one more month considering this situation.

I don't know what to do if I don't get my child's visa before my visa expires.
Please help!

Taking a long flight to India is too strenuous for a newborn baby and mother in the postpartum period. You can apply for change of status to visitor's visa for the purpose of recovering from the childbirth and ask for two months. Your doctor should be happy to provide supporting evidence.

[sumantagayen]

What would be process for applying for change of status to a visitor's visa? How much time does it take to acquire a visitor's visa through change of status?

[knowledgeable]

You really need an immigration attorney to help you out

the attorney will be able to give you the best advice and prepare proper documentation so you won't be in any trouble.

Going through the information herein will be a helpful guide, but an attorney would be best.

[tamtom]

What would be process for applying for change of status to a visitor's visa? How much time does it take to acquire a visitor's visa through change of status?

File form I-539 with US immigration in good time before the old status expires. They won't make you get out of status.

What about your employer? Ideally they would just extend your project a few more weeks and take care of the extension application for you.