H4 stamping in India without Approval Letter and coming back to USA.

[shrivas]

I am on H1B and received from USCIS the I-797 H-1B approval notice. We also received the I-539 and I-765 receipt notices on behalf of your spouse.[H4 Approval still in pending.]

Wife and 2 kids (One is Indian and another one is American) are planning to travel India and come back before Aug 10,2021
(1) Does H4 VISA stamping possible without H4 approval notice..when H1B is approved for me.
(2) Is drop-box applicable when H4 is not approved ? [Do we need to struggle to get the dates for drop-box ?]
(3) How the travel ban to US will impact when wife is entering to USA with 2 kids (One is Indian and another one is American).

[shrivas]

Please help and advice .Thanks

[snehal99]

1. Yes, H4 stamping possible when extension application is pending (when H1B is already approved) (My wife is already in India and her extension application is still pending in USA)


2. Yes, dropbox still applicable when h4 extension application is pending. And yes appointment dates are going to be a problem for sometime.

3. Presidential Proclamation 10199 is in place, but looks like you have one US citizen kid so proclamation does not apply to you, but beware my wife was in similar situation and still she was given 221g due to Presidential Proclamation 10199, we are still working on it.

[rkk09]

Hi,
Please see my response below.
(1) Does H4 VISA stamping possible without H4 approval notice..when H1B is approved for me.
Answer: Yes. You can get H4 visa at consulate/embassy. But Please make sure, Once you get H4 visa at consulate/embassy you will need to withdraw pending H4 petition.
(2) Is drop-box applicable when H4 is not approved ? [Do we need to struggle to get the dates for drop-box ?]
Answer: Yes.. Please make sure, you are eligible for Interview waiver. Basic eligible for Interview waiver( Drop box option) is your current Non-immigrant visa must be valid or expired within 48 months.
(3) How the travel ban to US will impact when wife is entering to USA with 2 kids (One is Indian and another one is American).
Answer: As you mentioned you have US citizen kid, you will not have any issues.. But, you will need to give some attention on obtaining visa Appointment date.
Thanks