New OCI Card Applicarion

[Naresh656]

Hello All,

I have a question regarding new OCI card application for my newborn baby.

We had baby 2 months back. Now I'm planning to send her to India after 3-4 months, I planned to apply for OCI card so that she won't have any visa restrictions to come back.

I filled all the forms on CKGS website and Indian Govt website and saved all the forms.

My question:

Part of the application process is to send father and mother visa status documents, I have my H1b visa approval copy, but for my wife, we forgot to apply for an h4 visa along with my h1b. Recently we have applied for H4 VISA and we received receipt document (I-797c) copy. (USCIS takes lot of time to approve H4 visa, especially its H1b season Now)

1. Can I include Receipt copy (I-797c) as mother's visa status document??

2. Will there be any issue for approving OCI card for baby, If I include receipt copy (I-797c) as we haven't received approval??

Appreciate your response!!

Thanks,
Naresh

[vikky789]

Hello All,

I have a question regarding new OCI card application for my newborn baby.

We had baby 2 months back. Now I'm planning to send her to India after 3-4 months, I planned to apply for OCI card so that she won't have any visa restrictions to come back.

I filled all the forms on CKGS website and Indian Govt website and saved all the forms.

My question:

Part of the application process is to send father and mother visa status documents, I have my H1b visa approval copy, but for my wife, we forgot to apply for an h4 visa along with my h1b. Recently we have applied for H4 VISA and we received receipt document (I-797c) copy. (USCIS takes lot of time to approve H4 visa, especially its H1b season Now)

1. Can I include Receipt copy (I-797c) as mother's visa status document??

2. Will there be any issue for approving OCI card for baby, If I include receipt copy (I-797c) as we haven't received approval??

Appreciate your response!!

Thanks,
Naresh

1. Yes include I-797C and also current I-797A of H4(if it is not expired yet). if you are mailing the docs then just put one letter describing about I-797C and say applied for H4 extension. Till what date her current H4 is valid (hope she is in legal status now)?
2. No issues i guess. They are giving OCI to your kid, not to your wife. Technically they should not care about your wife Visa dates.


My Opinion about issuing OCI to USA born child is, They should check Baby/Minor Documents (Birth Certificate, Passport) & Parent's ID proof docs/Parents passports. Even though if they see parents legal status then one parent legal status is more than enough when applying from usa when other parent lives in india. sometimes H4 wives may live in india or some other reasons. some times H1 person files Amendement (with 3 years period default LCA) and H4 is not required to be added in H1 Amendment then H1 new I-797A doc will get More validity than H4. they need to understand all these stuff. and They need to update their process check list.

[Naresh656]

1. Yes include I-797C and also current I-797A of H4(if it is not expired yet). if you are mailing the docs then just put one letter describing about I-797C and say applied for H4 extension. Till what date her current H4 is valid (hope she is in legal status now)?
2. No issues i guess. They are giving OCI to your kid, not to your wife. Technically they should not care about your wife Visa dates.


My Opinion about issuing OCI to USA born child is, They should check Baby/Minor Documents (Birth Certificate, Passport) & Parent's ID proof docs/Parents passports. Even though if they see parents legal status then one parent legal status is more than enough when applying from usa when other parent lives in india. sometimes H4 wives may live in india or some other reasons. some times H1 person files Amendement (with 3 years period default LCA) and H4 is not required to be added in H1 Amendment then H1 new I-797A doc will get More validity than H4. they need to understand all these stuff. and They need to update their process check list.

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Thanks for response.

This is my first H1b not Extension. She was on F2 visa before, now we applied for h4 change of status.

Also, Do I need to send address proof of both the parents or, is it ok to send only one parent(Father)? My wife Drivers License is still pending, as her Change of status is pending.

Appreciate your response

Thanks,
Naresh

[vikky789]

============================================================ ==========
Thanks for response.

This is my first H1b not Extension. She was on F2 visa before, now we applied for h4 change of status.

Also, Do I need to send address proof of both the parents or, is it ok to send only one parent(Father)? My wife Drivers License is still pending, as her Change of status is pending.

Appreciate your response

Thanks,
Naresh

one Parent(Father/Mother) Address proof is enough for Minor kid OCI application.

[Naresh656]

one Parent(Father/Mother) Address proof is enough for Minor kid OCI application.

Thanks for the response. they issued a 1-year license for my wife, though COS is pending. I sent application with both parents ids.

[draghuna]

How did you handle the situation finally? I am facing the same problem. I sent the I797C to Houston Consulate and they put my OCI (for minor) on hold asking to provide proof of legal status for mother. Visa has expired and only way to prove legal status is Receipt Notice from USCIS for H4 extension. I have included my approved I797A also. Any advice is greatly appreciated.