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

USA H1B
28

You can use H4 EAD card if your i94 shows “H4” status. You can get this status by going out and get H4 visa stamp too.

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29

We are going through a similar situation now.
H4 & H4 EAD were valid Until July 31st

Filed for H4 + H4 EAD extension in: Feb 2020 along with H1B (in premium)
Company filed for spouses H1B: July 2020
H1B Approved: Aug 2nd week (stated working)
Filed Withdrawal of H4 + H4 EAD: 3rd week of Aug
H4 Got Approved - 1st week of Sep (had to go on Administrative leave)

H4 + H4 EAD withdrawal request got processed: 3rd week of Sep.
The Case status of approved H4 now says “On September 21, 2020, we received your request to withdraw your Form I-539, Application To Extend/Change Nonimmigrant Status, Receipt Number SRCXXXXXX, and completed our review. We mailed you a Withdrawal Acknowledgment Notice”

Called USCIS Customer service and they said, now my status is H1B.

But my company attorneys feel that the customer care reps are not legal representatives of USCIS, this is a grey area, so they are recommending to file a new H1B or go out of country and get a H1B stamping.

So, not sure what is the current status of my spouse if USCIS has process the withdrawal of an approved H4? Hope to consult an attorney in next few days.

30

Hi,

Any update on the case ? Would like to know.

31

Hello,

I am kind of in the same situation as yours. What is the “Start date”/“Effective date” that you had mentioned in your H4 COS petition? And when you got H4 approved, did you get it with that same date as requested?

Thanks

32

Hi,
May I know the “Start date”/“Effective date” that you had mentioned in your H4 COS petition? And when you got H4 approved, did you get it with that same date as requested?

Thanks

33

  1. H4 + H4 EAD application filed on Feb, 2020

  2. Company filed for H1B in July, 2020

  3. H1B approved in the first week of August

  4. Submitted H4 + H4 EAD withdrawal request mid of August

  5. H4 got approved on August 21st

  6. H4 + H4 EAD withdrawal process was acknowledged and initiated by USCIS on 21st September

    • The physical notifications were received a week after the digital notifications were received. This letter stated that the ‘withdrawal request letter did not reach the record of proceeding before my I-539N was approved, so they will reopen and reconsider my H4 approval’

  7. Company filed for another H-1B change of status petition with USCIS via premium processing on 23rd September - as of today October 12th, we have not even receipt receipt for my H1B filing.

  8. Received physical copy I-797C - H4 reopen notice 02nd October, 2020

so, trying to get a correct picture of my current visa status? whether i am back on H1B ? or should i wait for my new H1B approval.

34

Yes, i got the same date on H1. My H4 was expiring on July 31st. The new H4 approved had 1st Aug as start date.

35

Hi,

Did you get response on H4 decision. Can you tell us what happened in your case

36

I would like to know if you were requested biometrics before they approved you COS?

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37

Hi, I am curious if you were requested biometrics before they approved your COS?

38

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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39

USCIS will most probably deny your H4 if you don’t attend biometric.

40

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?.

42

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.

43

@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

  • what happens if USCIS withdraws the H4 application now before the H1 COS is approved or filed?

  • will she be out of status? Will she be able to get back to H1B at all?

  • 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.

44

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?

45

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

46

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.

47

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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48

Can you tell us what happened to your case? Did you get h1 approval even though it was filed after H4 withdrawal?