Do I qualify for Dropbox or VAC waiver if my visa had expired and I have raise COS to different visa category

USA H1B Visa
1

Hi,

I was on H1B visa but as it maxed out in May this year I raised a COS to transfer to H4 on my spouse H1B.
The COS to H4 petition is pending.
Now I have got an approved H1B petition and thus need to book visa stamping appointment for H1B in India.
So do I still qualify for Dropbox or VAC waiver?

Thanks
RR

2

Yes you do.

https://travel.state.gov/content/travel/en/News/visas-news/important-announcement-on-waivers-of-the-interview-requirement-for-certain-nonimmigrant-visas.html

3

Why did you choose this approach instead of going to India and getting a H4? I am in the same situation hence asking.

4

As my spouse was having H1B I opted to file the COS from H1 to H4 so that I can keep staying in the US. In my situation, there was no benefit for me to travel back and file for H4 from India, but each situation could be different.

5

My Spouse is on H1 as well. My worry was that , if I file H4 COS and when I get a new job , I still need to go to India for consular service. Hence weighing the option going to India to get H4 that way when you get H4 to h1b conversion you don’t need to go to India. What do you think ?

Please share your thoughts

6

Yes depending on the situation if you feel it’ll be easier/faster to get H4 from India then that can be a good option.