OCI application with Expired Visa for One of the parents

[Sirisha Dudiki]

Hi,

We are applying OCI for our New born child. We both are on H1B, One parent has valid petition until 2017, Other parent's Petition is expired and is in the process of Extension.

Can we apply for OCI now? We are planning to visit india this December/

Thanks you in advance.

[immihelp]

Yes, you can.

As long as the petition is pending, you are in legal status and it is fine to apply.

Sometimes, Indian government or their agency does not understand the legalities of US immigration and may give hard time about it.