To apply OCI for minor born in USA, using VFS San Francisco - ( not CKGS ).

The document requirement clearly states under passport section "In case of a Minor, parents are requested to provide a copy of parents' passport & copy of parent’s valid Visa status in the USA ( for Non-USA passport holders)".

H1B visa stamp on passport has expired. We do have valid I-797 (H1B). What does valid Visa status in the US mean ? Can we obtain OCI with valid I-797 but expired H1B stamp ? Anyone with first hand real life experience? Thank you.enter image description here

1 Answer 1


Your valid immigration status in the US is attested by your valid I-94 form. If you don't have a paper copy because your most recent I-94 was issued electronically by CBP when you entered the US, you should to be able to print one by visiting https://i94.cbp.dhs.gov. If your most recent I-94 was issued on paper but you've lost it, you can apply for a replacement.

  • 1
    USCIS also issues I-94s with an I-797A. That might be what he has.
    – Dennis
    Apr 29, 2021 at 6:07

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