H4 to H1 COS approved and then H4 extension approved

USA H1B
,
1

Hello everyone! URGENT help needed!!

Timeline:

8/7/2020 - My H1 extension submitted in PP along with H4 & EAD extension

8/13/2020 - H1 approved. H4 and EAD approval pending

11/20/2020 - Wife’s employer files H4 to H1 COS in PP

11/25/2020 - Wife’s H1 COS approved. Restarted working on H1

1/7/2021 - Sent letter to USCIS to withdraw H4 and EAD application

7/1/2021 - H4 and EAD status appears approved on USCIS website

Questions:

  1. What is my wife’s current status - H1 or H4?
  2. What happens to her H1 visa now that H4 is approved?
  3. Can she continue working on H4-EAD?
  4. Is there any chance that USCIS might process the withdrawal letter anytime in future? If yes, what happens next?
  5. What happens to the period when she was working on H1 status?

Please advise!

2

Hi,
Refer the below.

1 Like
3

Hi Kalpesh, I did refer to the post that you have posted in your answer.

I have a question -
My wife’s H1 was approved on 11/25/2020
Today we received her H4 approval copy and it says it is approved from 8/13/2020(the day H4 extension was filed)
Her EAD approval date says - 6/30/2021.
So now my question is what happened to the days that she worked on H1B status(11/25/2020 - till date) now that her H4 is approved starting 8/13/2020.

4

From 08/13/2020 (from date when H4 EOS is approved) to 11/25/2020 (date when COS from H4 to H1B was approved), your wife status was H4.

The way I look at this is your wife is still in a valid H1B status as you had done change of status from H4 to H1B which got approved effective 11/25/2020 which is, in my understanding, the last action (occurred after her H4 EOS application which got approved effective 08/13/2020).
Your wife can’t go back to H4 status unless you apply for H1B to H4 COS again. Does that make sense?

Once an applicant submit an application, USCIS has to either reject, deny or approve your application. In your case USCIS approved your H4 extension starting 08/13/2020 (to match with the new start date of your H1B extension) as they do not have any reason to reject or deny and it was a rightly filed application. The H4 EAD approval starting 06/30/2021 doesn’t mean anything unless your wife goes back to H4 status, then she may be able to use it again till it’s validity date.

If you are still in doubt about your wife’s status, please consult your attorney or open a case with Emma, the USCIS chatbot. You may also setup online appointment and visit your local USCIS field office to consult with an office in-person.

2 Likes
7

Hi ,please help me in understanding.

It’s urgent

I came to US on H4 ,dependant visa in Oct 2016.

H4 EAD approved on Jan 2020.

H4 valid till Sep 24,2021.

My H1 got picked up in lottery in March 2021 and petition got approved in Aug 2021.

I have applied for H4 extension on May 7,2021 since H1 is valid only from Oct 1,2021 and I can’t stay in US after Sep 24,2021 since H4 expires on Sep 24,2021.

I have applied for H1 B transfer on Oct 12,2021 and H1B transfer got approved on Oct 21,2021.

H4 extension got approved on Oct 22,2021

H4 EAD got denied on Oct 22,2021

So could you please let me know what’s my current status and reasons for EAD denied??

I am happy to provide more information.

What was the current status in your case?

Have you met USCIS field office?

Appreciate your support!!

Thanks,
Swathi

8

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.