H1b and spouse H1B to H4 COS stamping in Europe instead of India/Mexico/Canada

USA H1B Processing Time
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Hello,

I am currently in the process of H1b to H4 COS as I lost my job in February’2021. I applied for H4 COS in April. But the wait time for H4 COS is anywhere from 8 months to 16 months.
I read a lot of the topics on this forum and I came to realize that a fast method of getting H1b- H4 COS is to go out of USA and get the stamping at the US consular office either in India/Mexico/Canada depending on the preference and availability of appointments.

I have two questions:

1.) My first concern is that the US consulates in India are closed for the year and travel to India is anyways a huge risk due to COVID. Moreover the appointment availability for Mexico and Canada is not available for this year.

So is it possible to get the visa stamping done in another country like Germany while visiting our family? As it can be seen in the news that travel restrictions for fully vaccinated people might get lifted and travel will be permitted in June/July for to low risk countries. Also, I can see availability of appointments at the US consulate office in Germany for H1b stamping (My husband is on H1b visa with an expired H1b stamp on passport but a valid I-797) and H4 stamping (I have an expired H4 stamp as I did not travel to India since a long time so I do not have my F1 or H1b stamping).
Please guide me if anybody of you have experience in getting this process in a country other that India/Mexico/Canada.

2.) My second question is regarding H1b-H4COS and back to H1b COS. So my H1b I-797 shows a validity till Oct 2022. So if I get my H1b -H4 COS by the end of 2021, will I be able to do H4-H1b COS (under premium processing) till the validity of my current I-797 which is Oct 2022 or will I be able to find a job and do H4-H1b COS (premium processing) till the 6th year of my H1b (which is the full term of the H1b visa if I am not mistaken).

Appreciate your help.

Thanks.

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  1. Yes you can get your H4 visa stamped from Germany. If you and your spouse both travel outside for visa stamping, the risk is if your H1b spouse gets 221g, you both will be stuck. Better that you travel alone.

  2. Your H4 I-94 will be valid till the end date of your H1B spouse I-94 now that you will be on H4/dependent status to the primary H1B spouse. No need for H4 to H1B COS, instead you can apply for H4 EAD and work.

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Thank you for the response Anil.
I would like to know what if i do not have an H1B stamp on my passport?

  • Will i be eligible to apply for H4 to H1B transfer when i find a job and
  • Does it have to be a cap exempt job or a regular employer will work?
  • Will it be a new H1B or it will be the remaining time left on my previous H1B that i converted in March 2021?