My husband had applied COS from h1 to h4 but with npt since his i94 was expired. Due to the processing time delays, he stayed close to 1 year due to covid impact on his h1 job and left the US before 3 days.
He completes 1 year as suggested by an attorney and also no updates on our case. We decided to go to stamping in India, attorney suggested taking INA 212 waiver to waive the 3-year ban as he stayed more than 6 months.
US consulate officer who interviewed in India approved visa and also told that INA 212 waiver is not required for h1 and h4 and also unlawful presence will be cleared since it is COS and have informed my attorney the same.
Now, my attorney is suggesting to consulate for clarification/action because he think we need that waiver annotation on the visa. Could you please suggest do we need to the consulate? because they only approved visa knowing the fact about ULP and also we took waiver too…have anyone came across similar scenario ?
Note : reason for staying ULP I was preganant and had new born baby recently in nov - 2020.