H1 cap exempt dropbox eligibility

[Ss1011]

Hi Folks!
I have a couple questions around my situation.
I am on H1B currently in the us. Have a visa stamped valid till may 2021. My company is doing an intra company transfer to Canada for me for a few months.
When it is time for me to come back to the US my employer will file a cap exempt petition they said using my already approved I 140. Approved a couple years ago.
I have two questions around this :

1. Would i be eligible for a Dropbox visa appointment if they transfer me back before may 2022.. since my current visa is valid till may 2021? I had the visa stamped in India last.

2. I understand that since i would be working from Canada under Canadian payroll since they will transfer me there , i would not have an active h1 during this time and would only get a cap exempt one at the time they want to transfer me back to the US later this year. Does this in anyway render me ineligible for dropbox?

[Ss1011]

Hey guys!
Any response would be highly appreciated!!

[rkk09]

Hi,
Please see my response below.
1. Would i be eligible for a Dropbox visa appointment if they transfer me back before may 2022.. since my current visa is valid till may 2021? I had the visa stamped in India last.
Answer: As per current notification by consulate, If your current visa is going to expire or already expired within 48 months then you will be eligible for Interview waiver. But please note, this is applicable till end of this year. But in your case, your Ext will be filed when you are in abroad which means your petition will be approved with only consular processing. So, I am not really sure, you will be eligible for Interview waiver.
2. I understand that since i would be working from Canada under Canadian payroll since they will transfer me there , i would not have an active h1 during this time and would only get a cap exempt one at the time they want to transfer me back to the US later this year. Does this in anyway render me ineligible for dropbox?
Answer: As I stated in above answer, I dont think you will be eligible for Interview waiver as your petition will be approved with only consular processing.
Thanks