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H1B VISA Stamp for Indian Citizen In His Spouse's Country During Vacation?

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  • H1B VISA Stamp for Indian Citizen In His Spouse's Country During Vacation?

    Hello,

    I am an Indian citizen present in US on H1B visa. I am married to a Polish citizen who is present on H4 Visa. We both got our stamp from our own home countries. Our current visa was supposed to expire this year in July but a few months before that I switched companies and the new company filed for both our visas extensions and transfer which was approved till 2021.

    The employer has also filed for PERM which is approved and currently we are in process of filing I-140 and I-1485. This will be filed in a week or so on basis of cross chargeability.

    We are planning to travel to Poland during the Christmas holiday and to re-enter we will need new stamps. I emailed the US Embassy in Poland about a third country spouse getting an H1B stamp and received a generic reply:

    Thank you for your contacting the United States Consulate General in Krakow. Please be informed that a third-country national may apply for visa in any U.S. diplomatic post however it is generally recommended that a visa applicant apply for a visa in their home consular district. We hope this information will be useful to you.

    I am trying to understand if I should go ahead and travel to Poland and apply for the stamping there as I have a legitimate reason for applying in the third country or should I make plans to go to India and get stamping there. We have a limited number of days off and breaking it in traveling to both India and Poland will be very hard. Also, in Poland can I use the dropbox facility or should I do an appointment.



    Will it be better if we both get the stamp in India or will that be a problem for my spouse? I am guessing this might be less risky as she is my dependent. Is my understanding correct?



    Thanks.

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