Which Category DropBox or Interview as per New rules from07/14 in India

Gaa

Registered Users (C)
My husband - H1B Holder & myself H4,are in the US at present and have to go to India to get our visa stamped. We want to know whether we qualify for the dropbox or not?
Let me tell u the case.
My husband's H1B visa got expired on Sept 2002, He applied for a Visa renewal in mid Sept 2002, and then it was still pending with the BCIS he filed his Visa through
another Company in April 2003 which has now got approved and they have released his I-797 & I-129. But later we came to know that his Visa which was filed by a company in mid Sept 2002 was denied with appeal in March 2003 and so BCIS has considered him out of status for that period of time - Sept 2002 to March 2003.
So now he has to go to India to get the visa stamped.But his visa expiry has not crossed 12 months, and all throughout this he has been working and still now his project is going on. But both our I-94's have expired in Sept 2002
So please tell me if he falls in the drop Box category of "Persons renewing or replacing a visa of the same category which is still valid or which expired less than twelve months ago"? or he has to take an appointment for interview.

Do i also need to go with him to India to get my H4 stamped or i can do that after he returns.
How long will it take to get both the Visas stamped.

My husband's initial visa was stamped at the Chennai Consulate, but my H4 was stamped in Calcutta So please let me know if we both can stamp our Visas (H1 & H4) together at the Calcutta Consulate"?
Can we do all this stamping in USA iteself??
Please reply urgently - we may have to leave for India in 2-3 days
Thanks a lot
 
“But both our I-94's have expired in Sept 2002”
“BCIS has considered him out of status for that period of time - Sept 2002 to March 2003”

I think your both stayed Illegally after September 2002 as I-94 govern the stay in US, and your husbands approved H1 will be NEW H1 with out I-94 attached. Count they days when did your I-94 expired if it is more than 180 days then I see problems for Visa stamping. May be 3-year bar. Consult your lawyer ASAP.
You cannot do stamping in US
 
Successfully stamped Visa in Calcutta

Even though our I-94 had expired and crosses 180 days, we had no problems in getting our visa stamped.
The problem arises if the visa expiry has crossed 12months.
Good luck to all in the same situation. Dont worry. It is a misconception that there could be a bar of 3 years
 
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