Current status when H4 approved after H1B approval, H4 withdrawal request pending

USA H1B
1

Hi Team,

I had applied for H4(I539) and H4-EAD(I765) on Feb 04,2019 via normal processing. While those applications were pending, I had applied for H1-B(I129) via premium processing. My H1-B got approved on May 08,2019. As a result, to retain my H1-B status i had sent a withdrawal notice on May 15,2019 for H4 and H4-EAD. But on May 16,2019 my H4 and H4-EAD got approved just before the withdrawal request reach USCIS.

Below are my queries:

  1. What is my current status now?
  2. If my current status is H4, how do I get my H1-B ? Do I need to file a petition or go for visa stamping ?
  3. What happens to the withdrawal request sent to the H4 and H4-EAD applications considering it got approved already? Is there a quicker way to stop the withdrawal request processing?
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2

Your current status is H4 as your H4 application was approved after your H1B. You would receive a new i94 with your H4 extension approval.

You would need to file a new H1B COS application to change your status to H1B again.

You cannot stop a withdrawal request.

These are the issues that happen when you file multiple applications and your status gets mixed up due to un-predictable USCIS processing times.

3

Thanks much for your timely response.

Can you please confirm if the withdrawal request gets processed considering it was sent for the application and not for petition?

Also, if i get a H1b stamped in India and then the withdrawal gets processed, will it affect the stamped
H1B?

4

What do you mean by ‘Application’ and then ‘petition’? How do you differentiate?

5

Withdrawal request was sent for H4 application on May 15 and the case got approved on May 16 just before the withdrawal request for application reach USCIS.

So i assume the withdrawal request would be treated differently considering the case is approved and approval notice for h4 generated. Am afraid if withdrawal request would revoke my approved H4 status.

I am sorry if this is confusing.

6

Anything can happen. I cannot really guess what action will USCIS take in this situation.

Ideally, they should have not approved the H4 when they knew that your H1B COS has already been approved.

7

Hello @RajeeRK

I am same situation, Can you please update what happen in your case?

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8

I went to India to get my H1B stamping done as advised by immigration attorney.

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9

@RajeeRK Do the withdrawal ever happen in your case? I was supposed to travel this weekend for H1B visa stamping but rethinking due to Corona virus travel advisory. Thats why I wanted to understand withdrawal ever happen to you and if yes do you remember after how many days? Sorry to bother you but Just exploring my options. Thanks for your help in advance

10

Hi I am in similar situation, my H4 petition which was filed in October got approved recently. However I got my H1 in Jan and even got it stamped in India and started working from last month. Now I got this H4 approval as I forgot to withdraw H4. What are my options now? What did you do in your situation?
Appreciate you sharing the information.

Thanks.

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11

@Shiv Check with your attorney. Do you have H4 + EAD to continue your employment ? If you have not withdrawn your application, I believe your current status is H4. I think you might need to travel to india to get H1b visa stamped but having said that talk to your attorney and make decision.

In my case I have H1B + H4 EAD and my attorney submitted withdrawal application for H4 EAD before approval, still I got H4 + EAD approval. So my attorney advised to travel to india to get H1B india stamped as @RajeeRK did.

12

Thanks Supriya for quick response. I just got H1 visa stamping as soon as I got it, I got back after visa stamping and started working. I did inform my attorney and they are checking for the next steps, was wondering what usually happens in this scenario. In my H1B petition they did include the H4 receipt so hoping that may help. I just got this H4 approval yesterday and very confused with next steps. Another thing is both petitions filed by same company, they just didn’t inform me well.

Thanks.

13

Hi @Shiv

If H4 is now approved with a new i94, then your status has changed back to H4.

This is a common problem caused when you leave your extension application pending and exit US.

14

Hi, am in similar situation. Got H1b approved on Feb 19th and H4/H4EAD got approved on 2/27. Attorney did send the withdrawal notice on Feb 24th.
My H1b start date is on Feb 1st 2020
previous h4/h4ead valid till March 27th 2020
New H4/H4 EAD is valid from March 28th 2020

Attorney said, use H1b as we have already sent withdrawal before h4/H4ead approval.

Question is,
what is my current status?
what will be my status on March 28th?
what will happen if withdrawal triggers and cancels my h4/h4ead before/after March 28th?

Appreciate your help. I cannot travel now due to coronavirus fears.

15

If you read the responses above, it is clearly mentioned that your current status will be counted as ‘H4’ as USCIS has issued a new i94 with H4 status.

You can claim that you sent the withdrawal request on Feb 24 but it is a long process to prove your case if there is a conflict.

Also, you never know if USCIS will approve the withdrawal from Feb 24 or the date when they actually process your withdrawal request.

As per my opinion, your current status is H4 and you can use your H4 EAD to work.

16

Thanks Anil. Appreciate your response.

17

8 posts were split to a new topic: If i don’t extend my H4 will my status fall back on H1B status or will it go out of status?

25

Hi Anil,

Appreciate your response to all the questions.

I have a similar situation my H4 extension which was filed in Dec 19 got approved recently. However I got my H1 in Jan 2020 and even got it stamped in India and started working from Feb 2020. Now I got this H4 approval (i797C) and H4 EAD in March 2020 as the lawyer delayed withdrawal of H4.

As you have mentioned this is a common problem caused when you leave your extension application pending and exit US.I would like to continue on H4 and work on EAD as I can use the H1b in the future.

However, for some reason I did not receive official notice with i-94 details for my H4 approval only a copy of i-797C, notice action which states approval notice. Is this sufficient for me to use my H4 EAD and move to another company and get my H4 stamped when I leave the country?

Thanks.

26

Hi @Santoshsv1

You cannot assume things just because you did not receive the official letter.

If your H4 was approved, then the chances are very high that a new i94 with H4 status was issued. Your attorney should have received the new i94.

Unless you are sure that you are on H4, I don’t suggest to use H4 EAD.

27

Anil, thanks for your response.

As of now I have received my H4 official approval notice with i-94 details, it is very likely it has been misplaced according to my lawyer.

Will I be able to go out of the county visit a consulate and get my H4 stamped using my spouses H1B approval and come back to US and use the H4 EAD I currently have with me ? or do I need to apply for a new H4 EAD.

Appreciate your response.

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