Q: Could you assist in determining if we qualify for an H1B interview waiver?
1) My husband successfully filed a Change of Status (COS) from F1 to H1B, which was approved on February 11, 2024, and we have received the I-797.
(His F1 visa stamp expired in August 2022.)
2) I arrived in the US in September 2022 on an F2 dependent visa and applied for a COS to H4 in February 2024, which was also approved on 1st April.
However, my F-1 visa was rejected once in 2020.
* We are planning to travel to India for H1B stamping and are unsure if we qualify for an interview waiver.
A:
Based on the information you provided, it seems that your husband may be eligible for an H1B visa interview waiver, but you might not qualify for the H4 visa interview waiver. Here's why:
1. H1B visa interview waiver: Your husband's case appears to meet the criteria for an interview waiver because:
- He has an approved H1B petition (I-797).
- His previous visa (F1) was issued and expired less than 48 months ago (August 2022).
- He is applying for the same visa category (H1B) as the previously issued visa (F1 to H1B COS).
2. H4 visa interview waiver: In your case, the previous visa rejection in 2020 might make you ineligible for the interview waiver. The U.S. Department of State's visa interview waiver policy states that applicants who have been previously refused a visa are generally not eligible for an interview waiver, unless the refusal was overcome or waived, and the case meets all the other criteria for an interview waiver.
To confirm your eligibility for the interview waiver, you should directly contact the U.S. consulate or embassy in India where you plan to apply for the visas. They can provide the most accurate and up-to-date information based on your specific circumstances.
If you don't qualify for the interview waiver, you'll need to schedule and attend a visa interview at the consulate or embassy. Make sure to prepare all the necessary documents and be ready to explain your previous visa refusal and how your circumstances have changed since then.
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