Hi, My L1b visa is getting expired on Jan 2013 and my company will file for my extn. My Wife has a vaild H1b till 2015. My wife is pregnant and we are expecting a baby on March 20th 2013. Since L1b visas are getting rejected nowadays, I want to apply Entry visa to my child before decision is made on my L1B petition. My Question is 1. Can i apply Indian Visa (Entry or tourist) for my child for taking to India while my L1B decision is pending? 2. what will happen if my l1b visa is rejected? How can i take my child back to India in that case? Thanks
If your l1b get rejected, you can convert urself on h4 and again try to get valid work visa.
once ur child will be born he/she will get american passport (citizen by birth right) then you can approach indian consulate and get POI (point of origin) card
using american passport and POI card ur child can travel back to india.
In order to avoid confusion, i went to Indian consulate in Chicago today to get an answer for this. Here is what they told.
For getting an Indian Entry visa for the minor child, there is no need for a valid visa status for both the parents. Only the Indian passport for both parents are required.
Thought of sharing this as it would help many others.