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H1B - H4 VISA STAMPING - Drop box eligibility

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  • H1B - H4 VISA STAMPING - Drop box eligibility

    Hi,

    I am planning to go to India in Oct end of 2015.
    I have been with sample employer since past 7-8 years.
    I have an approved (which is just a renewal of my previous H1) H1B (I-797) and
    my wife has approved H4 from Sep 2015 to Sept 2018.

    The H1B stamp on my passport expired in Sept 2014. Same for my wife's H4 Visa stamp expired on Sept 2014.
    Also, we have been 10 finger printed last time when we had our H1B / H4 visa stamped in 2011.

    So, my question is:

    Are we eligible for Visa Drop box facility ?
    Or

    Are we eligible for Interview Waiver program? (where we don't have to face interview but still have to go for finger printing - which we already did last time)?

    Or
    We have to go for both finger printing and Visa interview to get our visa stamp?


    Regards
    Nikhil

  • #2
    Originally posted by nikhil_419 View Post
    Hi,

    I am planning to go to India in Oct end of 2015.
    I have been with sample employer since past 7-8 years.
    I have an approved (which is just a renewal of my previous H1) H1B (I-797) and
    my wife has approved H4 from Sep 2015 to Sept 2018.

    The H1B stamp on my passport expired in Sept 2014. Same for my wife's H4 Visa stamp expired on Sept 2014.
    Also, we have been 10 finger printed last time when we had our H1B / H4 visa stamped in 2011.

    So, my question is:

    Are we eligible for Visa Drop box facility ?
    Or

    Are we eligible for Interview Waiver program? (where we don't have to face interview but still have to go for finger printing - which we already did last time)?

    Or
    We have to go for both finger printing and Visa interview to get our visa stamp?


    Regards
    Nikhil
    I think you would have to go for both finger print as wel as visa interview as your visa stamp in passport would have expired more than 12 Months back:

    If I am applying for an H or L (individual) visa, my prior visa in the same class is still valid or expired within the last 12 months.



    This is my opinion not legal advice.

    Comment


    • #3
      HELP reg H4 to h1b change

      HI GUYS,

      I got an approved H-1B petition effective from October 2015. Due to some personal reasons I don't want to start working in October. I want to work by DEc 2015. I'm currently in the US on H-4 visa.
      What can be done?

      my employer is ok telling he wont run payroll.....will there be any issues?

      Comment


      • #4
        If your H1B is effective from October 1st 2015, then you are current out of status on H1B if you are not working. You should leave the country immediately and return back in H4 visa to get back to H4 status. Later when you are ready to work, your employer will need to file a COS from H4 to H1B or you should leave the country and return back in H1B visa to begin working.

        Originally posted by TJBir View Post
        HI GUYS,

        I got an approved H-1B petition effective from October 2015. Due to some personal reasons I don't want to start working in October. I want to work by DEc 2015. I'm currently in the US on H-4 visa.
        What can be done?

        my employer is ok telling he wont run payroll.....will there be any issues?
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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