H4 COS vs H4 out of country

[Anjulkhadria]

My wife applied for H4 change of status in June 2020, and her application been pending for more than 7 months now.

1. Will it be faster to leave the country, abandon the COS, and apply for H4 stamp from a consulate office in home country (India)?

2. What documents will be required to apply for H4 stamp from the consulate office apart from marriage proof and my H1b notice?

3. Will there be any complications in getting H4 stamped because of her being out of status (before applying for COS, she was on F2 visa valid till Oct 2020; her I-94 says admit until date is d/s)

Thanks very much,
Anjul

[rkk09]

Hi,
Please see my response below.
1. Yes. This is faster way to get the visa. But, You will need to check about appointments availability then proceed ahead.
2. Below is essential documents for H4 visa process.

• Appointment confirmation letter
• DS 160 confirmation letter
• H1B visa holder Passport copy
• Recent most H1B Approval notice copy
• H1B petition( If needed)
• H1B holder I-94 copy
• H1B holder Employment verification letter
• H1B holder recent most paystubs
• H1B holder W2 form
• Marriage certificate
• Wedding photos
• Marriage invitation
• Visa fees receipt
• H4 Applicant passport
• Previous H1B Approval notices, if any

Other documents as per requirements.
3. I don't think, She will have any issues. Why because many people are obtaining their dependent visas in that way. But, It depends on the situation, Answers and documentations.
Thanks.