H4 - Drop Box Eligibility

[Saravana67]

Hi,

I recently had a H1B Visa transfer to a new employer from my previous employer.  The Visa transfer was initially denied and a MTR was opened for the case and the transfer was approved finally. My spouse's H4 transfer was applied along with my H1B transfer which was also denied initially with the reason as "Denying the H4 VISA as the principal applicant's visa was denied". MTR was filed for her H4 too. But we have not received any update yet on her case.

My spouse is now travelling to india and has to go for the VISA stamping. Our attorney informed us that she can use my H1B petition status for her H4 VISA stamping and there is no issues. 

 

Upon checking the Drop box eligibility for her H4 stamping, there was the below question.

"I have no refusals for a visa in any class after my most recent visa issuance"

 

In our case, What would be the answer for the above question? Is my spouse eligible for Drop box?