OCI card for my Child--Both Parents Visa Expired


eswar1234

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Hi Everyone,

 

I had a baby girl born recently in USA. We were going to apply for OCI card and when i was checking their check-list, i saw this:

 

Provide copy of the following:-
o Permanent Resident Card – Both Sides
o Employment Authorization Card which states ‘Serves as 1-512’
or Copy of Pages showing H1/H4, L1/L4, F1/F2, J1/J2 etc.
Only for New York Jurisdiction - Please send only colored notarized
copy.
NOTE:
TRANSFER NOTICES AND RECEIPT NOTES ARE NOT ACCEPTED.
VISA MUST BE VALID FOR AT LEAST 3 MONTHS.
 
Here is our situation:
 
Both my Visa and my Wife's visa/I94 expired on August 20 2016. Our employer filed for H1B/H4 Extension in April and it is still in process. We are planning to go to India in December 2016/January 2017.
 
What are our options to get the OCI card for our Child without Valid Visa(for atleast 3 months)?
 

Regards
Eswar
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I was checking the CKGS website to apply for Indian visa for my child. Even there, it was written that Parent's Valid Visa is required.

 

  • Copy of the parent’s Valid Visa.
    If both the parents are travelling then copies of both the parents Valid Visa are required.

             OR

  • Copy of the parent’s Visa application.
    If both the parents are travelling then copies of both the parents Visa applications are required.

 

Are they referring to US Visa for Parents, why would they need that when the Child is travelling with parents to India..Since the parents have Indian Passports.

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  • 4 weeks later...

Hi,

Our son was born in 2012 and we took US passport and Indian PIO for him. I was on H-1 and my wife on H4. We went to 
India in 2012 when he was 3 months old.
Now after 4 years I am back to US on H-1, and my wife was on F-1 and currently applied for COS to H-4. 
Our son is in India right now with his grand parents, They both have B-1/B-2 Visitor visa.  My Question is 
If my son can come to US with his grandparents will there be any issue or problem at the port of entry because his parents(We) are not accompanying him. Or either of the parents are compulsory to accompany him while his port of entry.  
Please give us some suggestions. 

One response given was: The grandparents should carry a notarized letter from both parents that they are allowed to take the child with them.

Thank you and appreciate any other help in response. 

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