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H1B Visa stamping drop box question

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Podrick

By Podrick
in Immigration (H1b, F1, OPT, EAD etc..)

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Podrick Jr Artist

Podrick

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Hello all, 

 

I have my current Visa stamped in India which is expiring on May 21st, 2021.
my H1B with H4 & H4 EAD has been filed for an extension in November 2020 and I got the approval for H1B (3 years) but the H4 and H4 EAD are still under processing. My immigration lawyer is saying that it would take 6 to 9 months to get these H4 and H4 EAD approvals with the November Receipt date. 

So the question is : 

Can i and my spouse go to India for visa stamping (Dropbox) while my wife’s H4 application is in progress? I personally think that it is not advisable without H4 I-197 approval but when I ask this question to my immigration lawyer this is what he said :

“As long as all the other conditions for the dropbox are met, your spouse can use your current H-1B approval notice and marriage certificate as proof of H-4 status eligibility. We have seen this to not be an issue even in instances where someone has previously used H-4 approvals for visa stamping.”


Can you please suggest whether it is safe to travel and go for stamping with my wife’s H4 being under process?

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