H4 Extension Approved after H1B COS Approved

Hello Team, @anil_am22, @Kalpesh_Dalwadi


I was on my H4 ( not H4EAD) with my spouse’s H1B. Along with her H1B transfer, her employer filed H4 EOS for me also. It was done in Nov 2021. Her H1B got approved on Premium, but my H4 EOS was pending.

Last month, one of the other employers filed Change of Status (COS) petition from H4 to H1 for me on Premium and it was approved with I-94 on 10 Feb 2022. It was a cap-exempt petition and I joined with this employer today (07 Mar 2022).

But by coincidence, the H4 EOS filed for me was also approved today (07 Mar 2022). Means, my H4 EOS approved after my COS approval.
I am a little bit tensed now. What will be my current status? I have already started working on H1 !!!

Kindly give a response at the earliest.

You should be in H1B status. Approval of EOS for H4 do not put you back in H4 status unless you again explicitly apply for a change of status. The EOS approval for H4 will fill in any gap between the H4 I-94 expiry and effective start date on the H1B I-94.

Thanks for the response @Kalpesh_Dalwadi
So can I ask my spouse’s employer to revoke/withdraw my H4 EOS (even though it’s approved) and continue working on my H1B which got approved as COS? Will it be legally ok?

Also FYI - my previous H4 i-94 is not yet expired and still valid till 2023. The effective start date showing on H1B COS approval notice I-94 is 14-Feb-2022.

I don’t think this is needed. Consult a lawyer and ask.

@Kalpesh_Dalwadi @anil_am22

Thanks for the reply.
Just a quick question - hope the last action rule is not applicable in my case and I wil be still in H1B. Could you please confirm?

Did you consult your immigration lawyer and ask?

Not yet. Before I ask, just thought of getting an expert opinion from you first. Appreciate if you can share your response to my query.

Also, FYI - Immigration team informed that they have already sent letter to USCIS for revoke/withdrawal of H4 EOS on Mar 2, before the H4 EOS approved (Mar 7). But the status is still showing “Approved” on USCIS website.

I thought I already replied…