H4 visa interview scheduling (Drop box) before H1 visa transfer petition approval

[Raj@Michigan]

`Hello,

My H1 visa transfer (Employer A-B) is under process (premium) now. My current visa expiry is 30 Sep 2015. I am hoping USCIS will approve my visa transfer petition within this month.

My wife's H4 visa (from previous employer) expired on Sep 30 2014. She was in US from Mar 2014 to Sep 2014. When her visa expired in 2014, she applied for the H4 extension (I797) and got approved till 2015 Sep 30. But she dont have the visa stamped in her passport based on that approval notice.

Today I came to know that she can avail drop box facility within 12 months of visa expiry ie, before Sep 30 2015.

I have some questions regarding the renewal of her visa

1) Eligibility of drop box facility 12 months counted from Sep 30 2014 (her visa expiry date) OR from expiry of her visa extension date ( Sep 30 2015)?

2) For the worst case, if I consider 12 months eligibility is counted from Sep 30 2014, I have to file her visa before Sep 30 2015. In that case, can I schedule an appointment (for drp box facility, I need to go through schedule appointment after submitting DS160) while my H1 visa transfer approval is under process?

Thanks
Raj

[raghvi]

`Hello,

My H1 visa transfer (Employer A-B) is under process (premium) now. My current visa expiry is 30 Sep 2015. I am hoping USCIS will approve my visa transfer petition within this month.

My wife's H4 visa (from previous employer) expired on Sep 30 2014. She was in US from Mar 2014 to Sep 2014. When her visa expired in 2014, she applied for the H4 extension (I797) and got approved till 2015 Sep 30. But she dont have the visa stamped in her passport based on that approval notice.

Today I came to know that she can avail drop box facility within 12 months of visa expiry ie, before Sep 30 2015.

I have some questions regarding the renewal of her visa

1) Eligibility of drop box facility 12 months counted from Sep 30 2014 (her visa expiry date) OR from expiry of her visa extension date ( Sep 30 2015)?

2) For the worst case, if I consider 12 months eligibility is counted from Sep 30 2014, I have to file her visa before Sep 30 2015. In that case, can I schedule an appointment (for drp box facility, I need to go through schedule appointment after submitting DS160) while my H1 visa transfer approval is under process?

Thanks
Raj

You would need to put in the latest approval notice number in the DS-160 that you would be filling for her. The only way I would say it is possible for her to avail the drop box option is if you can get your H1 extension approval notice in hand before Sept 30, 2015 and you are able to fill the DS-160 and drop all the documents before 30-Sept-2015. If no RFE with respect to B's petition then it may be possible, if RFE it may not be possible

This is my opinion not legal advice.