Hi, I am curious if you were requested biometrics before they approved your COS?
Hi,
I was working on H4 EAD, my spouse H1b was about to expire so her employer filed H1b along with my H4 extension on April 2020. Meanwhile my employer applied H1b and it got picked in lottery, basically it was a COS from H4 to H1b. My H4 I-94 was supposed to expire on Aug 30 2020. My H1b got approved in 2nd week of Aug, but the new I-94 was issued from Oct 1 2020.,
I received notice to attend biometric appointment for H4 in Jan 2021, my attorney did not suggest to withdraw H4 petition as it would create a “Out of Status” problem for month of Sept 2020, has new I-94 issued was valid from Oct 1 2020 and my old H4 I-94 was expired on Aug 30 2020.
As per suggestion from my attorney I sent a letter to USICS stating I am on H1b status and will not be appearing to H4 and would like to retain my H1b status. It’s been more than 3 weeks now I haven’t heard back and online status still says “Case received”. Any one cane across such situation earlier, did USICS automatically cancelled H4 request ?. Please let me know, that helps. Thanks
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USCIS will most probably deny your H4 if you don’t attend biometric.
Thanks Anil for your reply, what if they deny H4, Can I continue staying within US as I already have approved H1b and a valid I-94?.
Hi guys,
I m unsure if my situation is repeated anywhere in thread. Last year, I filed for h4 and h4 ead and in parallel, my company filed for my h1 n I got it approved on august,2020. I filed for both h4 and h4 ead withdrawals in which my ead got withdrawn immediately. Around Nov 2020, I got a request for biometric submission for my h4. I went there n told to revoke that n that I don’t need h4 to be processed anymore. 2 days back, I got a mail stating my h4 has been approved. I still don’t know if US consulate in India are still processing h1 stamping.pls advice if somebody has similar experience.
@anil_am22 we are in the same boat where my wife’s h1 got approved in September 2020 and we sent in the withdrawal for H4 and H4-EAD months ago in September 2020 and again this year. But uscis didn’t process the withdrawal at all and now H4 is all of a sudden approved and she is in H4 status and working with H4 EAD.
Her company is going to file a new H4 to H1 COS ASAP in premium but I had the following questions
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what happens if USCIS withdraws the H4 application now before the H1 COS is approved or filed?
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will she be out of status? Will she be able to get back to H1B at all?
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we also have our EAD from I485 application. When should we use that and if we do then can she get back to H1B status?
@anil_am22 would really appreciate your input here. Thanks a lot.
Just curious to know if H4 application (before your H1B was approved) was extension of status or change of status?
Did you ever tried opening a service request with USCIS or do an in-person visit to local USCIS office to follow-up on your H4 withdrawal application?
H4 was filed as a COS. No we didn’t do any extra follow ups. I was told that just sending the withdrawal letter should be enough
Thanks. Withdrawal letters have been hit or miss based on what the users have reported on different forums. One of the forum users reported that the USCIS reopened their H4 file, after H4 was approved, based on the withdrawal letter however in her case, she had sent the withdrawal letter a bit late after COS from H4 to H1B was approved.
So my worry is that if they do withdraw the H4 based on the earlier sent letters before my H1 COS is approved then what happens to my status? What happens if they withdraw after the H1 COS is approved?
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Can you tell us what happened to your case? Did you get h1 approval even though it was filed after H4 withdrawal?
Your H1b COS pending application should put you in the period of authorized stay however you will need to stop working on H4 EAD immediately upon USCIS taking action on your H4 withdrawal application. Keep an eye on your status update for the H4 case.
Withdrawal after your COS to H1B doesn’t make any sense as you will no more be in H4 status anyways. The withdrawal letter will mean nothing to USCIS once you are back to H1B 
Thanks . My attorneys are in the process of filing it. We also have I485 filed and EAD/AP from it. I just hope they can file the COS soon before USCIS gets to the withdrawal.
- What are my options if they withdraw my H4 before the H1 Cos Is filed ? @Kalpesh_Dalwadi @anil_am22
USCIS should know that the reason for your withdrawal letter was because you had a COS from H4 to H1B however now that you are back in the H4 status, if they withdraw you will be out of status so applying common sense they should not withdraw.
Please work with your attorney to address your concerns. They should be able to steer you through any complications in your case.
Ok they are filing H4 to H1 COS as fast as they can. Also my initial H1 was an extension not a COS. Not sure if that matters.
Also I have pending i485 and ead/ap from it. So I should be able to stay and work legally right in the worst case ?
Yes you can use 485 EAD in case you loose your non-immigrant status however you will be at risk in case your 485 is denied.
Hi shiv,
Can you please let me know what action you took as this is same situation for my wife
I have applied for i539 in August 2020 to extend my stay to H4 from H1B in US within 55 days after I lost my job due to covid (June 2020). Later I got a job and applied for H1B while i539 is pending. Got H1B approval without I-94 card in Dec 2020. So travelled outside USA/border (As my previous H1 visa stamping is valid) and came back to obtain new i94 at CBP using my H1B approval. Started working on H1B and did not withdraw the i-539 as my attorney told it would be voided/cancelled once if I leave the USA. Subsequently I changed employers in April 2021 & July 2021, Both H1B transfers approved with i94. All of a sudden, after an year in Aug 2021, I received I-539 approval.
My question about my current status? Is it H4 or should I continue to work on H1B?
What is the start date on your H4 I-797?
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