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.
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?
I got the approval notification yesterday. I am waiting for the approval letter. I am concerned as why is it not cancelled/voided when I left the country and reentered back for new i-94 as a H1-B?
Hello,
This is my situation. somewhat unique with respect to dates very close
H4 and h4 EAD was going to expire on September 12th, 2021
Filed for h4 and EAD extension in April 2021
No response till Mid august 2021, multiple expedite requests denied
(Background info: I was on H1b in 2018-2019, in 2020 switched to h4 and EAD )
Filed for H1b transfer in last week august 2021 with premium processing, got approved, started working September 7th on H1b approval notice.
I did not file h4 application withdrawal request. Was planning to file for withdrawal but never did.
Already was in process of interviewing and Got new job on September 9th 2021.
New employer filed for H1b transfer on sept 13th and it was received by USCIS on September 14th, premium processing again. It’s pending adjudication as of today Sept 17, 2021.
On Sept 16, 2021… got online notification that my card for EAD is being produced
On September 17, 2021… got online notification that my h4 Is approved.
Which status I am currently in?
What do I need to do to keep working on either h4 or H1b… I don’t care because they both are valid till 2024 (my spouse’s H1b is Valid till 2024, so I am assuming h4 EAD will be valid till then, have not seen physical card yet.)
Should I withdraw my new H1b transfer filed on September 13th?
Do I need to stop working for my current employer who filed for H1b in mid august and with whom I am working since September 7th? Or I can work with them on h4 EAD status? (But I don’t have physical card yet) as nof September 17, which is today?
Did you talk to your employer’s immigration lawyer? If yes, what did they say.
You changed your status from H4 to H1B in Aug 2021. The H4 EOS application was adjudicated after your change of status to H1B, so per my understanding, the EOS will mean nothing as you are no more in H4 status when the EOS was approved.
Based on the timelines you mentioned, you are in H1B status. You can’t go back to H4 just on basis of EOS approval, it has to be COS application to switch back to H4, if that makes sense.
As mentioned above, you are no more in H4 status and so can’t use H4 EAD to work. You may be able to use H4 EAD if you switch back to H4 in future and if the EAD is still valid at that point in time.
I don’t think so unless you decide not to switch to new employer. Talk to your immigration lawyer before deciding on any next steps on your own.
Answered above.
Hi Anil I have a similar situation, please help me with the next step.
My H4, H4 EAD expired on May 2021 so I have applied for H4 Ext in March and EAD in May.
Since there was a delay in getting approval so I then applied for H1 through one employer and got it approved valid till 2021 in Aug. As soon as I received my H1 Approval I have sent withdrawal mail for H4 ad H4 EAD.
Yesterday I received 3 mails from USCIS,
1.H4 is approved ( one letter)
2.H4 Approval case will be reopened ( second letter)
3.H4 EAD is cancelled( means they got withdrawal letter and they processed) (third)
When I checked my H4 case status in USCIS case status website it says
"Sep 30 2021 we received your request to withdraw your Form I539, Application to Extend/Change Nonimmigrant Status and completed our review. We mailed you H4 withdrawal Acknowledgement Notice has been sent. "
Help in understanding these queries. Please help.
Since they already started looking at my H4 withdrawal
Am I in H4 or H1 now?
Am I eligible to stay in US?
Am I Eligible to work in US? Any time period ?
Am I in Out of Status?
Do I need to travel outside US to get my H1B stamping?
Considering Covid travel ban can you please help me with the options (consulate offices)
where we have feasibility to get stamping if I have to go.
Thanks in Advance
I tried to give all information so to explain my situation, Please let me know if any of the things is not clear.
Kala
Hi, my H1 transfer got approved on Oct 21 and my H4 got approved on Oct 22 and H4 EAD got denied on Oct 22.
Is my current status H4?
Do I need to file COS from H4 to H1?
Please suggest.
Any suggestions are highly appreciated!!
Thanks,
Swathi
This is not enough information.
Was your H1B a change of status from H4 to H1B?
Was your H4 application an extension of status?
You seem to be on H1B at this point. Your change of status to H1B happened before your H4 extension was approved. H4 extension was correctly approved by USCIS so that the gap between 24th September (H4 expires) and 1st Oct (change of status to H1B) can be covered by the H4 extension.
H4 EAD was denied because you are no more in H4 status after 1st Oct’2021.
You can consult your employer’s immigration lawyer in case of further doubts.
Wait for the approval copy. You may also consult another immigration lawyer for a second opinion.
Sure, Thanks for the reply.
Could you please suggest me any attorney if possible.
I haven’t consulted any attorney before so I don’t have any knowledge on that.
Any suggestions are highly appreciated
Thanks,
Swathi
hi Swathi
What happened on your case? We are in the same situation now