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My son born in Aug 2017. I have changed L1B to H1b in Jan 2018.  My husband L2 to H4 is still pending. My husband and my son planning to move to India permanently in June 2018. As per CKGS, both the parents needs to have active status. And the current H4 COS processing times may take more than 9 months.

 

can we apply for oci from USA having primary applicant h1b approval copy and h4 case receipt?

 

or can we apply oci from India if i continue to stay here for some more time? Does both parents needs to be present in India to apply OCI from India?

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