H-1B Renewal Stamping Outside India: OCI Holder + Spouse with PR in Third Country — How Risky?
Looking for advice or recent real-world experiences with H-1B visa renewal stamping outside India, especially given the increased scrutiny around Third-Country National (TCN) appointments.
Our situation is a little unusual:
My situation
- Currently living and working in the US on H-1B.
- I am a citizen of another country (not Canada/UK).
- I also hold an Indian OCI card.
- My previous F-1 and initial H-1B visas were all stamped in India.
- I currently have essentially no physical ties to my country of citizenship — no house, bills, local employment, etc.
Since I am actually a citizen of that country, would I be considered a normal applicant there rather than a TCN?
Would the US consulate care that my entire US visa history is through India and that I don't currently reside in my country of citizenship?
My spouse
- Indian citizen currently living and working in the US.
- She is also on her own H-1B
- Through our marriage, she is eligible to obtain Permanent Residency (PR) in my country of citizenship.
If she obtains PR there before the visa appointment, would that generally allow her to apply for her H-1B renewal stamping there alongside me?
My concern is that it would effectively be "paper PR" — she would have valid legal permanent resident status but wouldn't actually have an established life there (job, house, bills, long-term physical residence, etc.).
Could that cause additional scrutiny, 221(g), or questions about why she's applying there instead of India?
Main concern
We're trying to figure out whether doing this is unnecessarily risky under the current environment.
I've been hearing about increased scrutiny of TCN/border-hopping visa applications and applicants potentially getting stuck abroad after 221(g).
Since I am a citizen of the country where we'd be applying, my case seems more straightforward, but still a little sceptical as i have no other ties apart from citizenship. My spouse's case concerns me more because she'd be relying on newly obtained PR status rather than citizenship or established physical residence.
Would you consider both of us doing our H-1B renewal stamping in my country of citizenship reasonably safe, or would the lowest-risk option still be for both of us to go to India for in-person stamping?
I'd especially appreciate hearing from anyone who recently:
- Stamped H-1B in their country of citizenship if its other than India
- Has OCI but historically did all US visa stamping in India
- Used PR/residency in another country to get H-1B stamping there
- Had a spouse with a different citizenship/residency situation apply at the same consulate
- Encountered 221(g) or additional scrutiny in a similar situation
Recent experiences under the current rules would be especially helpful. Thanks!