H1B to H4 COS Approved with start date as past date

Hello All,

I’m currently on H1B which expries on 10/27/2023.My PERM is still pending. So I applied for H4 CoS on 03/03/2023 with effective date as future date (10/28/2023). USCIS approved H4 application on 06/04/2023 but the validity dates on the approval notice are 03/19/2022 to 03/18/2025. Basically H4 approved with start date as past one year date ?. Is this USCIS Error ?. Can we correct this ?.Will they correct the effective date to future date ?. How long will this take ?. What is my current status ?. Am I on H1B or H4 ?

You status has changed to H4 if the approval came with a new i94 and with past effective date.

Can we correct this with USCIS ?. I have been on H1B since past 1 year until this H4 is approved. How can they give the start date as past one year date overriding my H1B status ?

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Call USCIS contact center and talk to an agent or visit nearest local field office ( better option). The back date of 2022 seems an error for sure. At most the start date would have been 03/19/2023 which I am guessing may be the receipt date. This seems a typo and also that they overlooked your request for a future start date.

What’s the current status for me ?. I have mainly two questions.

  1. If I stop working based on current H4 approval, then apply for correction & if USCIS correct my H4 approval with future date, will it be considered as breaking H1B rules ?

  2. If I continue working assuming I’m still on H1B, then apply for correction & if USCIS correct my H4 approval with 03/19/2023, then will it be considered as breaking H4 rules ?

No.

To avoid any further complications, you shouldn’t continue working as based on the COS approval you are on H4.

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