Wait for H4 or Travel on H1 or try another country

[SJ_M]

I am an H1B holder and currently working in US. My wife was on H1B until April-2016 and went to India for a personal emergency while her H1B amendment was in progress. Unfortunately she got an RFE and the employer decided to transfer her back to Indian office and found a replacement here. However the employer provided all the documents and they are filing the RFE response now.
Due to a health condition, we decided to change her status to H4 and take a long vacation from her job. Now the issue is, there is no interview availability in India in near future. The best we could find is in August and we would like to avoid such a delay.

We could think of 3 different options now.

1) Wait till an interview slot available and go for stamping in India and enter US on H4 after that.
2) Use the drop-box facility available for her H1B after the current case is approved (no need to wait for an appointment) and travel on H1B (without the employer support) and change the status to H4 immediately after entering.
3) Go to a foreign country (like Abu Dhabi) to try the H4 stamping there and travel to US from there.

I understand that option 1 is the best, right and safe. However, the health condition and some personal situation compels us to look for quick and dirty options.

Can someone please share their thoughts?
Your suggestions are greatly appreciated.

Notes:
She was on H4 before getting her H1B. So either are not the first time stamping.
I am not eligible for drop-box and hence I assume my dependents are also not eligible. Is this understanding correct?

[raghvi]

I am an H1B holder and currently working in US. My wife was on H1B until April-2016 and went to India for a personal emergency while her H1B amendment was in progress. Unfortunately she got an RFE and the employer decided to transfer her back to Indian office and found a replacement here. However the employer provided all the documents and they are filing the RFE response now.
Due to a health condition, we decided to change her status to H4 and take a long vacation from her job. Now the issue is, there is no interview availability in India in near future. The best we could find is in August and we would like to avoid such a delay.

We could think of 3 different options now.

1) Wait till an interview slot available and go for stamping in India and enter US on H4 after that.
2) Use the drop-box facility available for her H1B after the current case is approved (no need to wait for an appointment) and travel on H1B (without the employer support) and change the status to H4 immediately after entering.
3) Go to a foreign country (like Abu Dhabi) to try the H4 stamping there and travel to US from there.

I understand that option 1 is the best, right and safe. However, the health condition and some personal situation compels us to look for quick and dirty options.

Can someone please share their thoughts?
Your suggestions are greatly appreciated.

Notes:
She was on H4 before getting her H1B. So either are not the first time stamping.
I am not eligible for drop-box and hence I assume my dependents are also not eligible. Is this understanding correct?

I am having difficulty understanding the sequence of events. She was on H1, went for stamping , got 221G, employer is responding to the documents requested, and in the meanwhile, she wants to return on H4 but no interview slot available ? Is that right? I don't think 2 is an option, how will dropbox work without employer support? Option 3 is risky as one can always be sent back to home country, plus , on what visa will you enter AbuDhabhi/Mexico/Canada etc?

When did her H4 visa in the passport expire?

This is my opinion not legal advice.

[SJ_M]

I am having difficulty understanding the sequence of events. She was on H1, went for stamping , got 221G, employer is responding to the documents requested, and in the meanwhile, she wants to return on H4 but no interview slot available ? Is that right? I don't think 2 is an option, how will dropbox work without employer support? Option 3 is risky as one can always be sent back to home country, plus , on what visa will you enter AbuDhabhi/Mexico/Canada etc?

When did her H4 visa in the passport expire?

This is my opinion not legal advice.

Thanks for the response raghvi.

The RFE is for the case filed for amendment; we are still waiting for the approval notice.

Can't we schedule a Dropbox option through the website? Is there any action needed from employer?

We have relatives in UAE and they can arangee a visitor visa for 14 - 90 days.

Anybody recently checked the availability of interview slots? Is it Aug and Sep for all the consulates in India?

[SJ_M]

Hi All,

Decided not to look at option # 2 due to the layers of complexity included. Now the options are down to,

1) Wait till an interview slot available and go for stamping in India and enter US on H4 after that.
3) Go to a foreign country to try the H4 stamping there and travel to US from there.

We have relatives staying in UAE and considering trying with the Dubai consulate. We can get a visit visa to UAE within a week or so. Could someone please guide me how to approach this from the US consulate perspective?

Thanks in advance.

[raghvi]

Hi All,

Decided not to look at option # 2 due to the layers of complexity included. Now the options are down to,

1) Wait till an interview slot available and go for stamping in India and enter US on H4 after that.
3) Go to a foreign country to try the H4 stamping there and travel to US from there.

We have relatives staying in UAE and considering trying with the Dubai consulate. We can get a visit visa to UAE within a week or so. Could someone please guide me how to approach this from the US consulate perspective?

Thanks in advance.

http://dubai.usconsulate.gov/general_faq.html

I’m on vacation in Dubai. Can I make a visa appointment in Dubai if I am only visiting as a tourist?

There is no official policy banning non-residents from applying for US visas. However, we strongly encourage you to apply where you keep your permanent residence. The visa officer must assess your family, social and economic ties to your place of residence, and this is very difficult to do from outside your own consular district. The likelihood of visa issuance is generally higher when applicants apply in their own consular district.

This is my opinion not legal advice.

[SJ_M]

Thanks again raghvi.

It is obvious that there is risk involved and it is always riskier than going to your home country. But is this any different than Canada or Mexico? I usually see a lot of people going for stamping in Canada or Mexico instead of going to their home country. Do any one know whether there is any additional risk than trying it in Canada or Mexico?

Also what would happen if it is not the happy path, I mean if the stamping is not successful? We always have the chance to go back to India and start again?