H1B and H4 same day approval

USA H1B
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1

Hello,

I would like to ask below questions if someone can help answer that will be great.

  1. H1 transfer and H4 extension got approved same day. Received same NOTICE Date 07/01 on both the approval notices. I am aware of last action rule but not sure if there is anything like same day action rule exist. So question is What status I will be in this case ?

  2. In case answer for above question is H1B status than should i send a withdrawal letter for H4 status ?

Best Regards,

Jay

1 Like
2

Please expand on the timelines. Did you do H4 EOS and then COS from H4 to H1B?

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3

Yes applied for H4 EOS first back in Dec 2020 and than applied for H4 to H1B COS last month in PP. Got decision for both petition on same day with same notice date.

4

Thanks. You are in H1B status even if both applications were approved on the same day. Because you had applied for PP for COS from H4 to H1B, USCIS had to adjudicate your H4 EOS first and then your COS from H4 to H1B.
No need to send any withdrawal letter, you are all set.

5

Thanks Kalpesh this answers my query :slight_smile:

6

Hello

I am also in the same case almost,
My H1 approved first in PP (applied recently) on July 02, 2021 and later 4 days on July 07, 2021 my H4 approved (H4 applied last year 2020). Waiting for H1B approval copy.

Do I need to send withdraw my H4 to keep my H1B or how it works kindly suggest me.

Thank you

7

Was this change of status from H4 to H1B?

Was this extension of status in H4 or a change of status from prior H1B to H4?

8

Hi

Thank you for your reply.

H4 was change of status from H1 to H4 and it was pending from last year.

recently my employer filed status change from H4 to H1 (with H4 pending status).

Both got approval in 4 days period,1st H1 later H4.

Appreciate your answer, what is my current status.

Thank you

9

You will need to check on the I797A notice re: the effective start date of the COS.

Hopefully your H1B start date will be after your H4 start date, which means you will be in H1B status.

10

Thank you Kalpesh.

My H4 validity & I94 date was last year August 2020 to July 2022.

Per my I797A notice H1 validity & I94 date is May 2021 to March 2024.

kindly let me know my status. Thank you

11

You are in H1B status and all set.

12

Thank you Kalpesh this answers to my query