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ARPH

Eligibility for Interview Waiver

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Hello

I have a stamped h4 visa with previous employer of my husband (H1b) which is expiring on Sept 2019. But my husband changed the employer in Nov 2017 so I have I797 from that new employer of my husband valid till Sept 2020. But it is not yet stamped. Now I am travelling to India in Dec 2019 so did the following

1. I filled DS160 and got the DS160 confirmation number. After that I logged in using my profile and now want to pay visa fees to schedule my H4 visa interview appointment. While answering questions I have doubts for 

"Do you have prior H4 visa" for which I answered "Yes" Then it asks me

"Was your prior h4  visa annotated "clearance received" "department authorization"..I answered "No", then it asks me

"Is your H4 visa valid ?"

I am confused ? I am doing this today that is 29th August 2019 and on today's date my stamped h4 visa stands valid. But do they mean that ? If i consider that from the perspective of my visa interview date (december 2019) then my visa is not valid as it is expiring on Sept 2019. SO what should I answer ?

If I answer "No" then it asks me

Was your previous h4 visa issued after January 1, 2008..... Answer is " Yes"

Then I get popup saying I qualify for Interview Waiver. I am totally surprised and confused.I did not go ahead as I was not sure.  Please help me.I have a stamped h4 visa expiring on Sept 2019 with old Employer but due to change of Employer while returning from India in Jan 2020 (i am going in Dec 2nd week)I will need stamping on my passport for valid h4 visa. Do I really qualify for Interview Waiver.

Please explain based on my above comments what should I do

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They waive interview when case is simple. In order to qualify for that, out of 6-7 questions they ask, they also for if your primary beneficiary (Your H1b spouse) is applying same category of visa for same employer. In this case, it is different employer.

Although, if you can possibly get it waived by saying yes, your visa is valid, there is nothing wrong in doing that. If you still have doubt, just take appointment after expiration of current visa (September 2019), then there will be no other option.

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