I have applied for my H4 Extension and H4 EAD in Oct 2020 and my H4 got expired in March 2021.
Meanwhile I have Applied for H1B in CAP, got selected and my COS Approved along with new I94 in July 2021 with start date from Oct 1st 2021.
I was planning to send withdraw letter for my H4 Extension before end of Oct 1st but I see that my H4 has been Approved last week. So I am confused if i still have to get H1B stamping or if my status will automatically convert to H1B on Oct 1st 2021 as now my H4 Extension is already approved ?
Should I still send a letter to withdraw my H4 EAD ?
Because your H1B was approved with COS, USCIS has to approve your H4 extension which they did. The COS from H4 to H1B will be effective 1st October 2021 so you do not need to take any action (no stamping needed) at this point in time. The I-94 attached to the I-797 for H1B will govern your status from 1st October onwards.
I don’t think you need to send withdrawal letter for H4 EAD however it is your choice if you want to.
The reason being, H4 EAD if approved before 1st October, will be technically unusable beyond 1st October as your COS from H4 to H1B becomes active. Though you may be able to use it in future for it’s unexpired term if you switch back to H4.
If the H4 EAD is adjudicated after 1st October, USCIS may deny it as you will no more be in H4 status.
Thanks @Kalpesh_Dalwadi That answered my question.
Just curious to know if in case H4 Extension got approved after 1st of Oct then I should go to H1B visa stamping to get my status back to H1B ?
In that case last action rule will apply however in your case you had H4 extension of status application and per my understanding H4 extension approved after a COS from H4 to H1B will mean nothing as your status is no more H4 and so technically your H4 extension will not affect your H1B status.
It would have been a different case if you had a H1B to H4 COS pending and gets approved after you changed the status from H4 to H1B. In this case you will go back to H4 status (last action rule) and will need to leave the country, go for H1B stamping and come back on H1B visa to reinstate your H1B status.
@Kalpesh_Dalwadi i am in same situation my h1b cos got approved first and later within 2 weeks h4 extension got approved . Do I need to do anything from my end and used to work on H4 EAD for same employer, does last action rule applies to this
While applying my h4 extension, I have validity till 2022 July. But during my souse transfer we applied for h4 extension
Hello @sree_sai - What was the final outcome of your status?
This is my case scenario
Currently on H4 - Had filed H4 extension - and then due to timelien issue - filed H1B COS.
H1B approval 1st March
H4 Approval 9th March.
Any idea what happens if I get two visa approvals at same time. Do I get to chose?