H1, H4 Stamping (Dropbox, Interview, Travel and Timelines)

[CareerRun]

Dear Experts,

Situation - I have my approved H1B (changed company and have gone thru premium processing) with i94 expired (31-Mar-2021). My spouse and son's H4 visa extension application are still under "Case was received" status; filed on 15-Mar-2021 finger print taken on 7-May.

Intention - I want to travel to India along with my spouse and child (Indian born) in the month of Jan'2022.

Question - Considering travel restrictions, dropbox appointment unavailability and delay in receiving approved i797 of my spouse and child; looking forward for advise on

- What is suggested and I should be taking care of w.r.t. timelines, next steps in terms of getting Visa Stamped and travel back to USA.

- Can my spouse and child travel back to USA on H4 stamped VISA, with/without NIE?

- Do I need to take multiple appointments; one for myself to avail dropbox and one for my dependents for interview (if they have not got their extension approval before Jan'2022)

- Shall I book my travel tickets or wait until stamping appointments are secured?

- Am I not eligible for dropbox after 31-Mar-2022.

- I believe H1B visa holders with stamped VISA can travel back anytime to US, in this COVID situation?

- Roughly how long does it take to get an appointment for stamping and travel back to US - any unusual experience or anything requires to be carefully considered?

I tried to search for these answers but I am not finding as per my situation and complete.
Requesting you genius friends and experts to help me with valuable guided path for travelling to India and back to US with a stamped Visa.

Sincerely.

[rkk09]

Hi,
Please see my response below.
- What is suggested and I should be taking care of w.r.t. timelines, next steps in terms of getting Visa Stamped and travel back to USA.
Answer: If you have plan to travel next year January, I think you could see the dates beyond November. Thats what some people are sharing in their Exp. I kindly request you to keep checking calendar and book the slots as soon as you can.
- Can my spouse and child travel back to USA on H4 stamped VISA, with/without NIE?
Answer: Yes. They can.. With the help of NIE, I hope they can travel. But, for that, you will need to provide support letter with requesting letter.
- Do I need to take multiple appointments; one for myself to avail dropbox and one for my dependents for interview (if they have not got their extension approval before Jan'2022)
Answer: I need more clarification on this.. Hope you both had H1B and H4 visa previously and it was expired within 48 months. If so, both will be eligible for Drop box and you both can book appointments together.
- Shall I book my travel tickets or wait until stamping appointments are secured?
Answer: I recommend to first book the appointment then book the flight tickets.
- Am I not eligible for dropbox after 31-Mar-2022.
Answer: As I mentioned above, When you apply for visa, If your previous visa is expired within 48 months and you apply for same visa category then you will be eligible for Drop box( Interview waiver)
- I believe H1B visa holders with stamped VISA can travel back anytime to US, in this COVID situation?
Answer: Yes. But your visa must have annotation for the same.
- Roughly how long does it take to get an appointment for stamping and travel back to US - any unusual experience or anything requires to be carefully considered?
Answer: In my circle, people are saying they could see the dates beyond November. If you book under emergency appointment you can see some near dates.
Thanks

[CareerRun]

Hello rkk09

Thanks for always helping me and other with your valuable responses. Thank you for your generosity and appreciate you finding out time for all of us here seeking advice and help.

In my situation - I am on H1B (with approved i797) and dependents spouse and child on H4 (waiting for approval). Both of us do not have extension approved stamped Visa on our passports.
For all of us - last stamped Visa data is until 31-Mar-2021.

Question - If we travel together on Jan'2022 - I believe I am eligible for drop box but because my dependents do not yet have their approved i797 (extension applied on 15-Mar-2021) they may not be eligible for drop box and they need to go thru the interview process (if they have not received approval before Jan'2022) the tentative travel date <-- Please confirm this understanding.

Question - If we plan to travel after my dependents have got their extension approval (around Apr/May 2022 timeframe) - Do we all are still eligible for drop box because as per my read "expired within 48 months" from last stamped visa date is until December 31st, 2021. <-- Please confirm this understanding.

<The problem is dependents might not get approval before 31-Mar-2022 and probably after that date we may not be eligible for dropbox - as per old "12 months expiry date" rule>


Looking forward for opinion and directions.

Thanks

[rkk09]

Hi,
Please see my response below.
Question - If we travel together on Jan'2022 - I believe I am eligible for drop box but because my dependents do not yet have their approved i797 (extension applied on 15-Mar-2021) they may not be eligible for drop box and they need to go thru the interview process (if they have not received approval before Jan'2022) the tentative travel date <-- Please confirm this understanding.
Answer: I would say, still they will be eligible for Interview waiver as their last visa was expired in March 2021. As I mentioned, If previous visa was expired within 48 months then they will be eligible for drop box. If they don't get H4 Approval before Jan 2022, still they book appointment and get visa from consulate. later once they travel back to the USA, you can withdraw H4 petition.

Question - If we plan to travel after my dependents have got their extension approval (around Apr/May 2022 timeframe) - Do we all are still eligible for drop box because as per my read "expired within 48 months" from last stamped visa date is until December 31st, 2021. <-- Please confirm this understanding.
Answer: As per current update, this option is applicable till December 31, 2021. We will need to wait whether they will extend this facility beyond Dec 2021. But I recommend to book the appointment before December 2021 and see the options.
Thanks