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Q757.   H-1B Visa holder giving birth in USA | Status of baby born in USA

Question:  Hi, Let me start by saying that i really appreciate this platform since it helps lot and provide a great insight. Now about my query, my wife is working on h1b visa since last 3 years in medical profession and me (father to be ) is currently working in India. We both intend to stay in USA long term , my wife already has visa extension for another 3 years and she would accordingly apply for green card. I have 2 questions : 1. We intend to give birth to child in USA , would it be beneficial to obtain the us passport or apply for Indian passport . Will the child be qualify for the USA citizen rights at the time of birth as mother is on valid working visa. If so, what are these. 2. Whether it is advisable for me to have applied the h4 visa Before the child birth, or is it ok to be in India at that time. I shall get the job in USA only in next year as a company transfer . Please provide the best advise as you always do . Thanks a lot Ankit goyal Sent from my iPad Answer Regarding your questions: 1. Any baby born in the United States of America, regardless of the residential status of the new born baby’s parents, is considered to be a citizen of the United States by birth and entitled to all the rights available to any US citizen. Once the baby is born, an American birth certificate will be issued. 2. If parents are Indian citizens they can opt to get an Indian passport for their US born baby. Whether you should opt for Indian or US passport for the newborn is something you and your wife should consider carefully since you cannot get both. This topic has been discussed on this website previously, you may wish to read question/answer #453  also for additional information on this topic. 3. I fail to see the connection between you applying for H-4 visa and your baby’s birth. This is also something you need to decide for yourself. H-4 visa is issued by U.S. to immediate family members such as spouse or children under 21 years of age. I believe there is restriction placed on H-4 visa holders that they cannot work in the United States. While H-4 visas are normally issued by US consulates abroad, if a person is already in the United States then they can apply for H-4 visa from within the United States by filling Form I-539.
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Disclaimer: Information provided is for general knowledge only and should not be deemed to be professional advice. For professional advice kindly consult a professional accountant, immigration advisor or the Indian consulate. Rules and regulations do change from time to time. Please note that in case of any variation between what has been stated on this website and the relevant Act, Rules, Regulations, Policy Statements etc. the latter shall prevail. © Copyright 2006 Nriinformation.com
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Q757.   H-1B Visa holder giving

birth in USA | Status of baby born

in USA

Question:  Hi, Let me start by saying that i really appreciate this platform since it helps lot and provide a great insight. Now about my query, my wife is working on h1b visa since last 3 years in medical profession and me (father to be ) is currently working in India. We both intend to stay in USA long term , my wife already has visa extension for another 3 years and she would accordingly apply for green card. I have 2 questions : 1. We intend to give birth to child in USA , would it be beneficial to obtain the us passport or apply for Indian passport . Will the child be qualify for the USA citizen rights at the time of birth as mother is on valid working visa. If so, what are these. 2. Whether it is advisable for me to have applied the h4 visa Before the child birth, or is it ok to be in India at that time. I shall get the job in USA only in next year as a company transfer . Please provide the best advise as you always do . Thanks a lot Ankit goyal Sent from my iPad Answer Regarding your questions: 1. Any baby born in the United States of America, regardless of the residential status of the new born baby’s parents, is considered to be a citizen of the United States by birth and entitled to all the rights available to any US citizen. Once the baby is born, an American birth certificate will be issued. 2. If parents are Indian citizens they can opt to get an Indian passport for their US born baby. Whether you should opt for Indian or US passport for the newborn is something you and your wife should consider carefully since you cannot get both. This topic has been discussed on this website previously, you may wish to read question/answer #453 also for additional information on this topic. 3. I fail to see the connection between you applying for H-4 visa and your baby’s birth. This is also something you need to decide for yourself. H-4 visa is issued by U.S. to immediate family members such as spouse or children under 21 years of age. I believe there is restriction placed on H-4 visa holders that they cannot work in the United States. While H-4 visas are normally issued by US consulates abroad, if a person is already in the United States then they can apply for H-4 visa from within the United States by filling Form I-539.
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